Vimal Sahu vs The State Of Madhya Pradesh
2021 Latest Caselaw 7613 MP

                                                                       1                             CRA-2459-2015
                                            The High Court Of Madhya Pradesh
                                                     CRA No. 2459 of 2015
                                                       (VIMAL SAHU Vs THE STATE OF MADHYA PRADESH)

                                    64
                                    Jabalpur, Dated : 22-11-2021
                                          Shri Jubin Prasad, Advocate for the appellant.
                                          Shri Lokesh Jain, P.L. for the respondent-State.

Record of the trial Court is available.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also, heard on I.A.No.15938/2019, which is first application for suspension of sentence and grant of bail to the appellant.

The appeal has been preferred by the appellant against judgment dated 18/08/2015 passed by learned Special Judge (N.D.P.S.), Sagar in Special Case (N.D.P.S.)No.08/2014.

Appellant stands convicted for the offence punishable under Section 20(b)(ii)(e) of N.D.P.S. Act and has been sentenced to undergo RI for 10 years with fine of Rs.1,00,000/-with the default stipulations.

As per prosecution case, on 28.04.2014, on the basis of information

received from an informant, complainant-R.K. Pandey, S.I. along with two independent witnesses and other officials reached on the spot where they tried to intercept the vehicle bearing registration No.CG-12-D-9951 (swift car) but the driver of said vehicle i.e. co-accused raced the car. The vehicle dashed into railing of bridge and thus, police got success to intercept the vehicle. While inquiry, the co-accused again reversed the car, resultantly, the complainant got injured. Finally the police succeed to intercept the vehicle and on asking about the identity of sitting persons, they stated their name as Manoj, Vimal Sahu (Present appellant), Rajeev @ Raju (present appellant) and Irfan. During search, 46 kgs and 580 gms contraband substance i.e. ganja was recovered from the said car. After completing the investigation, the Signature Not Verified SAN police filed the charge-sheet before the competent Court and after evaluating

Digitally signed by KUNDAN SHARMA Date: 2021.11.23 15:18:12 IST 2 CRA-2459-2015 all the evidence, produced by the parties, the trial Court found the appellant and other co-accused guilty for the aforesaid offence.

Learned counsel for the appellant-accused submits that the appellant- accused has been falsely implicated in this case due to previous enmity. During trial, appellant-accused is in custody since 28/04/2014, thus, he has served almost 7 years of sentence out of 10 years jail sentence. Another co-

accused Manoj has already been granted bail by the Apex Court vide order dated 21/10/2021 passed in S.L.A. (Cr.) No. 4386/2021. The case of the appellant is akin to the case of co-accused Manoj, who has been granted bail and his execution of sentence has been suspended by the Apex Court, therefore, appellant-accused is also entitled to suspend the execution of sentence and grant of bail. This appeal is of year 2015 and it will take time for its conclusion. There is no probability of his absconding. If the appellant is not released on bail, the purpose of filing this appeal will be futile. With the aforesaid submissions, learned counsel for the appellant prays for allowing this application and grant bail to him.

O n the other hand, learned counsel for the respondent-State opposes the prayer and submits that the learned trial Court has rightly convicted the appellant. Therefore, he prays for dismissal of this application.

Having considered the arguments advanced by learned counsel for the parties and on perusal of the record, it is found that appellant-accused is in custody since 28/04/2014, thus, he has served almost seven years out of 10 years jail sentence, the co-accused Manoj has already been granted bail by the Apex Court vide order dated 21/10/2021 passed in S.L.A. (Cr.) No. 4386/2021, the matter of the present appellant is similar to the co-accused Manoj, there is no probability of his absconding, this appeal is of year 2015, final hearing of this appeal will take time, but without commenting anything on the merit of the case, I.A.No.15938/2019 is allowed.

It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of appellant-Vimal Sahu shall Signature Not Verified SAN

Digitally signed by KUNDAN SHARMA Date: 2021.11.23 15:18:12 IST 3 CRA-2459-2015 remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial Court on 17.01.2022 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

List this matter for final hearing in due course. C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

kundan

Signature Not Verified SAN

Digitally signed by KUNDAN SHARMA Date: 2021.11.23 15:18:12 IST