Anshul Kumar Jaat vs The State Of Madhya Pradesh
2021 Latest Caselaw 7606 MP

                                                   1                               CRA-9104-2019
                   The High Court Of Madhya Pradesh
                            CRA No. 9104 of 2019

(ANSHUL KUMAR JAAT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 18-11-2021 Shri Shailendra Singh Thakur, counsel for the appellants. Ms. Vineeta Agrawal, Panel Lawyer for the State. Heard on I.A.No. 13157/2021, which is second application for suspension of sentence filed on behalf of the appellant-Uttam Kumar Jaat who stands convicted for committing offence punishable under Section 8 read with Section 20(K)(ii) (C) of the Narcotic Drugs and

Psychotropic Substances Act and sentenced to undergo RI for 10 years with fine of Rs. 1 lakh and default stipulation. The previous application was dismissed as not pressed.

As per the case of the prosecution, the present appellant along with co-accused person was found in illegal possession of 178.610 kilogram of contraband material (ganja) which was being transported in two unregistered vehicles.

Learned counsel for the appellant submits that the prosecution has failed to prove its case beyond doubt. Only 25.160 kg of contraband (ganja) has been seized from the possession of the present appellant. He has drawn the attention of this Court to the findings recorded by the trial Court in paragraph 11 of the impugned judgment.

Learned Panel Lawyer for the State has opposed the bail application and submitted that

there is strong evidence against the appellant.

Looking to the facts and circumstances of the case, gravity of offence and considering the entire amount of contraband material recovered from the possession of the appellants, I do not find it a fit case to suspend the jail sentence of appellant No.2-Uttam Kumar Jaat and release him on bail.

Accordingly, I.A.No. 13157/2021 stands dismissed.

(SMT. ANJULI PALO) JUDGE vidya Digitally signed by SREEVIDYA Date: 2021.11.18 17:11:33 +05'30'