Padamsingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8196 MP

                                                  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

Signature Not Verified VerifiedDigitally Digitally signed by SAN TRILOK SINGH SAVNER Date: 2021.12.04 12:30:43 IST