Madhya Pradesh High Court
Karansingh vs The State Of Madhya Pradesh on 23 November, 2021
Author: Subodh Abhyankar
1
CRA No.10721/2019
High Court of Madhya Pradesh, Jabalpur
Bench at Indore
Criminal Appeal No.10721/2019
Indore, Dated 23.11.2021
Mr. Anil Ojha, learned counsel for appellant Karansingh s/o
Gopal Banjara.
Ms. Harshlata Soni, learned Panel Lawyer for the respondent /
State of Madhya Pradesh.
Heard on IA No.13105/2021, repeat (fifth) 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
appellant Karan Singh s/o Gopal Banjara.
The present appellant has been convicted by the learned
Additional Sessions Judge (under NDPS Act), Bhanpura District
Dhar (MP) in Special Sessions Trial No.08/2015 vide judgment
dated 23rd November, 2019 for offence punishable under Section 8
(a) read with Section 20 (b) (ii) (A) further read with Section 29 of
the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein
after referred to as the Act) and sentenced to undergo rigorous
imprisonment for seven years and pay fine of Rs.50,000/- with
default stipulation.
Learned Counsel for the appellant has submitted that earlier
application for (temporary) suspension of jail sentence of the
appellant IA No.5665/2021 has been dismissed by this Court on
CRA No.10721/2019
05.04.2021 with liberty to renew his prayer after a period of six
months; and as such, the appellant has already been in jail for more
than six months from the date of the aforesaid order.
Counsel for the appellant has further submitted that the
appellant was found in possession of 10.350 kilograms of ganja.
Counsel has further submitted that the appellant was arrested
on 10.10.2017 and remained in custody from 10.10.2017 to
07.12.2017 (including police remand and judicial custody) and
thereafter he was sent to jail on 23.11.2019, i.e. the date of the
impugned judgment. It is further submitted that the final disposal of
the appeal is likely to take sufficiently long time and there is no
minimum sentence provided under the Act for the contraband seized.
Counsel for the respondent / State, on the other hand, has
opposed the prayer.
On due consideration of the rival submissions and on perusal
of the record as also the impugned judgment and the final disposal of
the appeal is likely to take sufficiently long time, it would be
expedient to allow the present application for grant of suspension of
jail sentence.
Accordingly, without expressing any opinion on merits of the
case, IA No.13105/2021 is allowed and it is directed that upon
depositing fine amount, if any, and on furnishing a personal bond by
the appellant in the sum of Rs.50,000/- (Rupees fifty thousand
CRA No.10721/2019
only) with a solvent surety in the like amount to the satisfaction of
the learned trial Court, for his / her 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 /
her presence before the concerned trial Court on 01.04.2022 and on
all such subsequent dates, as may be fixed by the concerned Court in
this regard.
It is also observed that if the appellant (s) is found in any of
the criminal activities, after his release on bail / suspension of
sentence, then the present bail / suspension order shall stand
cancelled without further reference to this Court; and the State /
prosecution will be free to arrest the accused in the present case also.
Let the matter be listed for final hearing in due course.
C. c. as per rules.
(Subodh Abhyankar)
Judge
rcp
RAMESH CHANDRA PITHWE
2021.11.26 14:02:07 +05'30'
