Madhya Pradesh High Court
Durgesh vs The State Of Madhya Pradesh on 3 December, 2021
Author: Anil Verma
HIGH COURT OF MADHYA PRADESH
CRA No.4170/2019
Indore, Dated : 3.12.2021
Shri D.D. Vyas, learned senior counsel with Shri Ajay
Vyas, learned counsel for the appellant.
Ms. Bharti Lakkad, learned PL for the respondent/State.
Heard on IA No.13046/2021, which is the fourth
application for suspension of sentence under Section 389 of
Cr.P.C. on behalf of the appellant Padamsingh. The appellant
has been convicted under Section 8 read with Section 21(b)
of NDPS Act and sentenced to 5 years R.I. with fine of
Rs.50,000/-.
Learned counsel for the appellant submits that
judgment and order of conviction passed by the learned court
below is erroneous on facts and law and the learned court
below has erred in convicting the appellant as aforesaid,
while looking to the evidence on record, no connecting or
convincing evidence is available to come to that conclusion.
He further submits that there are so many contradictions and
omissions in the statements of material witnesses namely
Manoj (PW-4) and Vinod (PW-9), there is violation of
Sections 42, 57, 52-A(2) of NDPS Act, which are mandatory
in nature and appellant has completed more than half of his
jail sentence. Hence he prays for grant of bail and
suspension of execution of jail sentence during the pendency
of the appeal.
Per contra, learned PL for the respondent/State
opposes the application for suspension of sentence and
prays for its rejection by submitting that appellant's two
earlier applications under Section 389(1) of Cr.P.C. have
Signature Not VerifiedDigitally signed by
SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
been dismissed on merit, hence no case is made out for
grant of bail or suspension of jail sentence.
After considering the submissions made by learned
counsel for the appellant and looking to the facts and
circumstances of the case, it reveals that Umesh (PW-1),
Vikram (PW-2) and Aziz Khan (PW-3) have specifically
deposed in their statements regarding the aforementioned
offence against the present appellant and their statements
are well supported by the other documentary evidence
available on record. Appellant had also filed SLP(Criminal)
No.15520/2020 which has been dismissed by the Hon'ble
Apex Court vide order dated 18.8.2020. Earlier applications
of the appellant have also been dismissed on merit by
considering all the facts and circumstances of the case and
there is no change in the circumstances in which the present
application can be considered.
Therefore, this repeat application for suspension of
sentence under Section 389 of Cr.P.C. is hereby dismissed.
(Anil Verma)
Judge
trilok/-
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SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
MCRC No.58872/2021
Indore, Dated : 3.12.2021
Shri Sameer Verma, learned counsel for the applicant.
Ms. Geetanjali Chourasia, learned PL for the non-
applicant/State is directed to obtain necessary information
along with the relevant documents regarding the medical firm
of the applicant and also produce the criminal antecedents of
the present applicant on the next date of hearing.
List after two weeks.
(Anil Verma)
Judge
trilok/-
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SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
MCRC No.52638/2021
Indore, Dated : 3.12.2021
Shri Sanjay Sharma, learned counsel for the applicant.
Ms. Seema Maheshwari, learned PL for the non-
applicant/State.
As prayed by learned counsel for the applicant, list in
the next week.
(Anil Verma)
Judge
trilok/-
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SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
MP No.3921/2021
Indore, Dated : 3.12.2021
Ms. Manjula Mukati, learned counsel for the petitioners.
Heard on the question of admission.
The petition is admitted for final hearing.
Let notice be issued to the respondents on payment of
PF within 7 days. Notices be made returnable within 6 weeks.
Also heard on IA No.10149/2021, which is an
application for stay.
As per the order-sheet of the trial Court the case is
fixed for the plaintiff's evidence, therefore, there is no need of
any stay.
Accordingly IA No.10149/2021 is rejected.
(Anil Verma)
Judge
trilok/-
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SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
MCC No.1717/2021
Indore, Dated : 3.12.2021
Shri Anurag Sahu, learned counsel for the applicant.
Heard on the question of admission.
MCC is admitted for final hearing.
Issue notice to the respondent on payment of PF within
7 days. Notice be made returnable within 4 weeks.
(Anil Verma)
Judge
trilok/-
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SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
MA No.2842/2021
Indore, Dated : 3.12.2021
Shri Abhishek Gupta, learned counsel for the
appellants.
Heard on the question of admission.
Appeal is admitted for hearing.
Issue notice to the respondents on payment of PF
within 7 days. Notices be made returnable within 4 weeks.
Let the record of the claims tribunal be requisitioned in
the meanwhile.
(Anil Verma)
Judge
trilok/-
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SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
MP No.4346/2021
Indore, Dated : 3.12.2021
Shri N.L. Tiwari, learned counsel for the petitioner.
As prayed, list after two weeks.
(Anil Verma)
Judge
trilok/-
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SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
SA No.1613/2020
Indore, Dated : 3.12.2021
Ms. Nidhi Bohra, learned counsel for the appellant.
Shri Sanjay Sharma, learned counsel for respondents
No.1 to 6.
As prayed by counsel for the respondents, counsel for
the appellant is directed to supply a copy of memo of appeal
along with annexures to him during the course of the day.
IR shall remain continue till the next date of hearing.
List after four weeks.
(Anil Verma)
Judge
trilok/-
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SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
SA No.81/2021
Indore, Dated : 3.12.2021
Parties through their counsel.
List along with SA No.1613/2020 after four weeks.
(Anil Verma)
Judge
trilok/-
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SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
SA No.1080/2021
Indore, Dated : 3.12.2021
Shri Amit Bhatia, learned counsel for the appellants.
Shri G.K. Patidar, learned counsel for respondents
No.1 and 2.
Let the record of both the courts below be requisitioned
and the appeal be listed immediately after receipt of the
record.
(Anil Verma)
Judge
trilok/-
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SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
MA No.1896/2021
Indore, Dated : 3.12.2021
Shri Anand Tiwari, learned counsel for the appellants.
Issue notice to the respondents on payment of PF
within 7 days. Notices be made returnable within 6 weeks.
(Anil Verma)
Judge
trilok/-
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SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
CRA No.429/2020
Indore, Dated : 3.12.2021
Parties through their counsel.
Learned Panel Lawyer for the respondent/State prays
for and is granted two weeks' time to file reply to the
application for suspension of sentence.
List thereafter.
(Anil Verma)
Judge
trilok/-
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SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
MCRC No.47934/2020
Indore, Dated : 3.12.2021
Parties through their counsel.
List after two weeks.
(Anil Verma)
Judge
trilok/-
Signature Not VerifiedDigitally signed by
SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
CRA No.2761/2020
Indore, Dated : 3.12.2021
Parties through their counsel.
List after two weeks.
(Anil Verma)
Judge
trilok/-
Signature Not VerifiedDigitally signed by
SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
CRA No.2548/2020
Indore, Dated : 3.12.2021
Parties through their counsel.
List after two weeks.
(Anil Verma)
Judge
trilok/-
Signature Not VerifiedDigitally signed by
SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
CRR No.5225/2019
Indore, Dated : 3.12.2021
Parties through their counsel.
List after two weeks.
(Anil Verma)
Judge
trilok/-
Signature Not VerifiedDigitally signed by
SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
CRA No.2389/2020
Indore, Dated : 3.12.2021
Parties through their counsel.
As prayed by learned counsel for the appellant, list after
two weeks.
(Anil Verma)
Judge
trilok/-
Signature Not VerifiedDigitally signed by
SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
CRA No.294/2021
Indore, Dated : 3.12.2021
Parties through their counsel.
As prayed by learned counsel for the appellant, list after
two weeks.
(Anil Verma)
Judge
trilok/-
Signature Not VerifiedDigitally signed by
SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
MCRC No.58527/2021
Indore, Dated : 3.12.2021
Shri Manu Maheshwari, learned counsel for the
applicant.
Ms. Geetanjali Chourasia, learned PL for the non-
applicant/State.
After arguing at length, learned counsel for the
applicant seeks to withdraw this first anticipatory bail
application filed under Section 438 of Cr.P.C.
The application is dismissed as withdrawn.
(Anil Verma)
Judge
trilok/-
Signature Not VerifiedDigitally signed by
SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
MCRC No.53265/2021
Indore, Dated : 3.12.2021
Parties through their counsel.
As prayed by learned counsel for the applicant, list after
two weeks.
(Anil Verma)
Judge
trilok/-
Signature Not VerifiedDigitally signed by
SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
MCRC No.55892/2021
Indore, Dated : 3.12.2021
Shri Himanshu Thakur, learned counsel for the
applicant.
Ms. Geetanjali Chourasia, learned PL for the non-
applicant/State.
As prayed by learned counsel for the applicant, list in
the next week.
(Anil Verma)
Judge
trilok/-
Signature Not VerifiedDigitally signed by
SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
MCRC No.57772/2021
Indore, Dated : 3.12.2021
Parties through their counsel.
Shri Asif Warsi, learned counsel submits that he wants
to file Vakalatnama and objections on behalf of the
complainant.
As prayed, list in the next week.
(Anil Verma)
Judge
trilok/-
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SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
CRA No.6956/2021
Indore, Dated : 3.12.2021
Shri Vinay Gandhi, learned counsel for the appellant.
Ms. Geetanjali Chourasia, learned PL for the
respondent/State.
Notice to the prosecutrix has been served.
As prayed by learned counsel for the appellant, list after
a week.
(Anil Verma)
Judge
trilok/-
Signature Not VerifiedDigitally signed by
SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
MCRC No.57588/2021
Indore, Dated : 3.12.2021
Parties through their counsel.
Case diary is not available.
Learned Panel Lawyer for the respondent/State is
directed to produce the case diary on the next date of
hearing.
List in the next week.
(Anil Verma)
Judge
trilok/-
Signature Not VerifiedDigitally signed by
SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
HIGH COURT OF MADHYA PRADESH
MCRC No.58897/2021
Indore, Dated : 3.12.2021
Shri R.R. Bhatnagar, learned counsel for the applicant.
Ms. Geetanjali Chourasia, learned PL for the non-
applicant/State.
After arguing at length, learned counsel for the
applicant seeks to withdraw this first bail application filed
under Section 439 of Cr.P.C. and prays for liberty to renew
the prayer after 3 months.
With the aforesaid liberty, the application is dismissed
as withdrawn.
(Anil Verma)
Judge
trilok/-
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:43 IST
