Nitu vs The State Of Madhya Pradesh
2021 Latest Caselaw 7706 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                            Cr.A. No.5905/2021
                       (Nitu Vs. State of M.P.)

                                                                       -1-
Indore, dated 23/11/2021
        Shri S.K. Meena, learned counsel for the appellant.

        Shri Siddharth Jain, learned government advocate for the
respondent/State.

Heard on I.A. No.26980/2021, which is 1st application for suspension of custodial sentence filed by the appellant- Nitu.

The appellant has been convicted and sentenced as under:

    Conviction u/s      Imprisonmen Fine,         if Imprisonmen
                                                     t
                        t               any
                                                     in lieu of fine
    8/18 of NDPS Act 4 years R.I        Rs.10,000 1 year R.I.
                                        /-

Learned counsel for the appellant submits that the judgment of the trial court is contrary to the law and facts on record. The prosecution has not followed the mandatory provisions as contained under sections 42,50,52- A, 55 and 57 of NDPS Act and no contraband article has been recovered from the possession of the present appellant. There was no conscious possession of the appellant regarding seized contraband. The appellant was on bail during trial and she has not misused the liberty granted to her. The appellant is having two children i.e. one daughter aged 7 years and one son, who is handicapped. Final hearing of this appeal is likely to take sufficient long time, hence, he prays that the execution of jail sentence of the appellant be suspended and she be released on bail.

On the other hand, learned government advocate for the HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Cr.A. No.5905/2021 (Nitu Vs. State of M.P.)

respondent/State opposes the application and prays for its rejection by submitting that commercial quantity of the contraband has been seized from the possession of the present applicant.

After considering the facts and circumstances of the case and the evidence available on record and also taking note of the fact that the appellant was on bail and she has not misused the liberty granted to her and she is having one minor daughter aged 7 years and one son, who is handicapped and there is no likelihood of final hearing of this appeal in near future, hence, looking to the aforesaid conditions, I deem it proper to suspend the jail sentence of the appellant. Accordingly, I.A. No.26980/2021 is allowed.

The execution of jail sentence of the appellant is hereby suspended and it is ordered that the appellant be released on bail subject to depositing fine amount, if already not deposited and on her furnishing a personal bond for a sum of Rs.1,50,000/- (Rs. One Lac Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the Trial Court, Neemuch, District - Neemuch on 15.03.2022 also on such other dates, as may be fixed by the trial Court, Neemuch in this regard during the pendency of this appeal.

List for final hearing in due course Certified copy, as per rules.

(Anil Verma) Judge

N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.11.24 10:43:06 +05'30'