Avtar Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 9055 MP

                                        HIGH COURT OF MADHYA PRADESH
                                   1                                                       CRA No.1029/2020

                                                   Criminal Appeal No.1029/2020


                                   Indore, Dated : 21.12.2021
                                         Shri Nitin Singh Bhati, learned counsel for the appellant-
                                   Avtar Singh.

                                         Ms.      Geetanjali   Chourasia,   learned   PL    for   the
                                   respondent/State.

Heard on IA No.12308/2021, which is an application for suspension of sentence filed by appellant-Avtar Singh.

Learned counsel for the appellant submits that appellant has been convicted under Section 8/15 of NDPS Act and sentenced to 10 years R.I. with fine of Rs.1 Lakh. The judgment of the court below is contrary to the law and facts on record. All the prosecution witnesses are interested and pocket witnesses. The appellant has already undergone about 7 years and 8 months of incarceration out of 10 years R.I. Final conclusion of appeal will take a long sufficient time. Hence he prays for bail and suspension of remaining jail sentence of the appellant till the final disposal of the appeal.

Per contra, learned PL for the respondent/State opposes the application and prays for its rejection by submitting that on the basis of cogent and reliable evidence appellant has been properly convicted and sentenced by the trial Court. She further submits that in this matter 20 kg of poppy straw has been seized from the joint possession of the present appellant and other co-accused persons and the offence is very serious, hence appellant does not deserve for any mercy.

Heard learned counsel for the parties at length and perused the record.

20 k.g. poppy straw has been recovered from the joint possession of appellant Avtar singh and co-accused Ajit Singh. It is more than the commercial quantity. Therefore, looking to Signature Not Verified SAN

Digitally signed by TRILOK SINGH SAVNER Date: 2021.12.22 10:22:49 PST HIGH COURT OF MADHYA PRADESH

the facts and circumstances of the case as well as the nature and gravity of the allegation, in the considered opinion of this Court no case is made out for grant of bail and suspension of remaining jail sentence of appellant Avtar Singh.

Learned counsel for the appellant has also placed reliance upon the judgment of the Apex Court in the case of Mayuresh Nandkumar Purohit Vs. Kaushik Manna and Another reported in 2018 Cr.L.R. (SC) 251 and the order of this Court in the case of Dinesh Vs. State of M.P. vide order dated 3.9.2021 passed in Criminal Appeal No.946/2017 but looking to the huge quantity of the seized contraband these citations are not applicable in the present matter.

Accordingly, IA No.12308/2021 is rejected.

C.C. as per rules.

(Anil Verma) Judge trilok/-

Signature Not Verified SAN

Digitally signed by TRILOK SINGH SAVNER Date: 2021.12.22 10:22:49 PST