Madhya Pradesh High Court
Gopal vs The State Of Madhya Pradesh on 3 December, 2021
Author: Anil Verma
The High Court Of Madhya Pradesh
CRA No. 7706 of 2019
(GOPAL Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 03-12-2021
Shri Palash Choudhary appeared for appellant.
Shri Neeraj Gour PL for the respondent/State.
Heard on IA No.24765/2021 which is an application filed
under section 389(1) of the Cr.P.C for grant of bail and suspension of
execution of jail sentence of appellant Gopal
The appellant is in custody because of his conviction under
sections 8/21 (c) of NDPS Act and sentence to undergo ten years RI
on two counts with fine of Rs.1,00,000/- and in default of payment of
fine, additional rigorous imprisonment of one year..
Learned counsel for the appellant submits that judgment and
order passed by the Court below is wrong on facts and law. Learned
Court below has committed error in convicting appellant Gopal.
Appellant is in jail since 09/04/2015. Appellant has filed special leave
to appeal ( criminal) no. 6435/2020 before Hon'ble Supreme Court.
Vide order dated 18/12/2020, Hon'ble Supreme Court has decided SLP
with a direction that in the event, the High Court is unable to dispose
of criminal appeal by 31/08/2021, Hon'ble Supreme Court has granted
liberty to apply for bail afresh before the High Court. The High Court
has not decided the criminal appeal till today. Learned counsel further
contended that the prosecution has not complied with sections 42, 43,
49, 50, 52, 52 of the NDPS Act. Conviction is bad in law. The appellant
is permanent resident of District Neemuch. Final conclusion of present
appeal is likely to take long time. Under these circumstances, he prays
for grant of bail and suspension of execution of remaining jail sentence
of the appellant till disposal of present appeal.
Per-contra, learned PL opposes the application and prays for its
rejection by submitting that on the basis of cogent and reliable
evidence, the appellant has been properly convicted and sentenced by
the trial Court, therefore, no case is made out for grant of bail and
suspension of remaining jail sentence of the appellant.
After considering the submissions made by learned counsel for
the parties, nature and gravity of the allegation against the appellant,
looking to the facts and circumstances of the case it is gathered that
on personal search, 8 grams of smack(heroin) has been recovered
from the possessing of present appellant and thereafter, at the
instance of the appellant, 450 grams of smack (heroin) was recovered
from his house. Although learned counsel for the appellant has pointed
out some contradictions and omissions in the statement of the
witnesses and some contradiction committed during investigation, but
these are not material, on the basis of which, the sentence can be
suspended. Earlier this Court has dismissed the application filed on
behalf of the appellant under section 389(1) of Cr.P.C, vide order dated
02/03/2020 after appreciating facts and evidence on record.
In view of the above, this Court is of the considered opinion that
no case is made out for grant of bail and suspension of remaining jail
sentence of the appellant.
Accordingly, I.A. no. 24765/2021 is hereby dismissed.
List the matter in due course.
C C as per rules.
( ANIL VERMA)
JUDGE
Digitally signed by AMOL N
MAHANAG
Date: 2021.12.06 10:09:02
+05'30'
