Sunil vs The State Of Madhya Pradesh
2021 Latest Caselaw 2109 MP

                                                                                1                           CRA-2055-2021
                                                    The High Court Of Madhya Pradesh
                                                               CRA-2055-2021
                                                                  (SUNIL Vs THE STATE OF MADHYA PRADESH)

                                            2
                                            Indore, Dated : 04-06-2021
                                                  Ms. Nidhi Bohra, learned counsel for appellant.
                                                  Mr. Palash Choudhary, learned Panel Lawyer for the respondent / State

of Madhya Pradesh, on advance notice.

Heard on the question of admission through video conferencing. Criminal appeal filed under Section 374 (2) of the Code of Criminal

Procedure, 1973 is admitted for final hearing.

No separate notice is required to be issued to the respondent / State. Let record of the court below be requisitioned. Heard on IA No.9879/2021, first application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the appellant.

The present appellant has been convicted for the offence punishable under section 8(c) r/w 18(c) of NDPS Act and sentenced to undergo 10 years RI with fine of Rs.25,000/- with default stipulation vide judgment dated

8.3.2021 passed by Special Judge, NDPS in SC NDPS No. 2100002/2014..

Counsel for the appellant has submitted that 276 grams of Opium has been recovered from the possession of the appellant. It is submitted that commercial quantity of Opium is 2.5 kg.. Appellant is in jail since 8.3.2021 and there is no minimum sentence provided for the quantity less than the commercial one. It is submitted that sentence awarded is not commensurate to the quantity seized from the appellant even assuming the prosecution to be correct as it is. In these circumstances, the application for suspension of jail sentence be allowed and the appellant be released on bail.

Counsel for the respondent / State of Madhya Pradesh opposes the application by submitting that no sufficient ground is made out for releasing Signature Not VerifiedDigitally signed by SAN SMT MUKTA t h e appellant on bail; hence the application filed by the appellant be KOUSHAL Date: 2021.06.05 13:03:28 IST 2 CRA-2055-2021 dismissed.

On perusal of the record, it is found that appellant is found in possession of 250 grams of Opium and he has been awarded sentence of 10 years. Considering the fact that there is no minimum sentence provided for the quantity less than the commercial one, coupled with the fact that hearing of the appeal will take sufficient long time due to fresh spread of Covid 19,

IA No.9879/2021 is allowed and it is directed that on furnishing a personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy five thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before concerned trial Court, the execution of the custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 14.12.2021 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Let the matter be listed for final hearing in due course. C. c. as per rules.

(SUBODH ABHYANKAR) V. JUDGE

MK

Signature Not Verified VerifiedDigitally Digitally signed by SAN SMT MUKTA KOUSHAL Date: 2021.06.05 13:03:28 IST