Madhya Pradesh High Court
Hammir vs The State Of Madhya Pradesh on 18 November, 2021
Author: Vishal Mishra
1
HIGH COURT OF MADHYA PRADESH
Criminal Appeal No. 1949 of 2018
(Hammir Vs. State of M.P.)
Jabalpur, Dated : 18.11.2021
Shri G.S. Pandey, learned counsel for the appellant.
Shri S.K. Singh, learned PL for the respondent /State.
Heard on IA No. 7275 of 2021, an application filed by the
appellant/ accused for suspension of his remaining jail sentence and grant
of bail awarded by the Court of Special Judge, N.D.P.S. Act, Sagar in
Sessions Trial No.01/20, vide its judgment dated 22.2.2018, whereby he
has been convicted under Section 8/20 (b) (ii) ( C) of the N.D.P.S. Act 1985
and sentenced to undergo RI for ten years and fine amount of
Rs.100,000/- with default stipulation.
It is pointed out that this is the fourth application for suspension of
sentence. Earlier applications were considered and rejected on merits by
this court, vide order dated 7.5.2019.
It is submitted that the applicant is in custody since 10.11.2014, i.e.
he has already undergone six years of custody out of total ten years of
conviction. He is ready to deposited entire fine amount. He has placed
reliance upon a judgment passed by this court in Appeal 1057/2010,
wherein placing reliance upon the judgment passed by the Supreme Court
in the case of Man Singh Vs. Union of India reported in (2004) 13,
SCC 42, the appellant was released on bail. He has further placed
reliance upon the order passed by this court in Cr.A. 1261/2019, order
dated 21.6.2021, whereby the application was allowed placing reliance
upon the judgment passed by the Supreme Court in the case of Karnal Vs.
State of Haryana, reported in (2006) 1 SCC Criminal Case 757. He is
ready to abide by all the terms and conditions that may be imposed while
considering his application for grant of bail.
Per contra, counsel appearing for the State has vehemently opposed
the application stating that the abovesaid arguments were already
available to the appellant at the time of consideration of the third
application which was rejected on merits, vide order dated 26.8.2020,
wherein detailed order has been passed by this court pointing out the fact
that the total contraband article, i.e. "Ganja" which was recovered is 148
kg, which is above the commercial quantity. No ground is made out for
consideration of subsequent application.
Considering overall facts and circumstances of the case and also the
fact that the appellant has already undergone six years of imprisonment,
i.e. more than 50% out of total ten years and also considering the
judgment passed Hon'ble Supreme Court in the case of Man Singh Vs.
Union of India, (supra), without commenting anything on merits of the
case, subject to deposition of the entire fine amount, this court deems it
appropriate to suspend remaining jail sentence of the appellant.
It is directed that the appellant be released on bail subject to
verification of the fact that the entire fine amount as imposed by the trial
court has been deposited by the appellant and on his furnishing a personal
bond in the sum of Rs.100000/- (Rs. one lac only) with one solvent
surety in the like amount to the satisfaction of the trial court for his
appearance before the trial court, firstly on 20.12.2021 and thereafter
on all such subsequent dates as may be fixed by the trial court in this
regard till disposal of this appeal.
IA No. 7275/21 stands allowed.
List this appeal for final hearing in due course.
C c as per rules.
(VISHAL MISHRA)
JUDGE
bks
BASANT KUMAR
SHRIVAS
2021.11.22 18:54:41
+05'30'
