Mohd. Majid @ Sonu Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 671 MP

                                     1                                CRA-5827-2020
         The High Court Of Madhya Pradesh
                    CRA-5827-2020
        (MOHD. MAJID @ SONU KHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

8
Jabalpur, Dated : 12-03-2021
       Mr.Brijesh Mishra, learned counsel for the appellant.
       Ms.Nalini Gurang, learned P.L. for the State.
       Heard.
       Considered I.A.No.12717/2020, which is first application u/s 389(1) Cr.P.C.
on behalf of appellants/applicants No.1 & 2, namely, Mohd.Majid @ Sonu Khan and

Guddu @ Rakesh Kumar Yadav.
       As per prosecution, about 10 Kg. of 'ganja' has been recovered from the joint
possession of the appellants/applicants.
       The appellants/applicants have been convicted by the impugned judgment
dated 07.10.2020 passed by the Special Judge (NDPS), Anuppur in Special Sessions
Trial No.08/2014 for offence under section 20(B)(II)(B) of NDPS Act and
sentenced to undergo R.I for 5 years each with fine of Rs.20,000/- each with default
stipulations.
       Learned counsel for the appellants/applicants submitted that impugned
judgment has been passed without properly appreciating the oral and documentary

evidence available on record. The appellants were on bail during trial. Appellant
No.1-Mohd.Majid remain in custody from 23.7.2014 to 09.1.2015 and 23.7.2018 to
22.6.2018

. Appellant No.2-Guddu remained in custody from 23.7.2014 to 13.1.2015 and 25.4.2018 to 22.6.2018. They both are also in custody since the date of judgment. Therefore, the substantive jail sentence of the appellants be suspended.

Learned Panel Lawyer has opposed the prayer for bail. Considering the facts and circumstances of the case, looking to the nature of offence and period of custody of the appellants and taking into account that this appeal would take considerable time for final disposal, without commenting on the merits of the case, the aforesaid interlocutory application is allowed.

It is directed that execution of remaining jail sentence of the appellant No.1- Mohd.Majid @ Sonu Khan and appellant No.2-Guddu @ Rakesh Kumar Yadav shall remain suspended and it is ordered that they shall be released on bail on their furnishing a personal bond for the sum o f Rs.50,000/- (Rupees Fifty thousand 2 CRA-5827-2020 only) each with one solvent surety each in the like amount to the satisfaction of the Trial Court with a further direction to appear before the Trial Court on 11.8.2021 and also on such other dates as may be fixed by that Court in this regard during the pendency of this appeal.

I t is made clear that if the appellants/applicants involve in similar kind of offence, this order shall immediately become ineffective without reference to the

Court.

I.A. No.12717/2020 stands disposed of.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH T MAMTANI Date: 2021.03.12 19:24:53 IST