Banshilal vs The State Of Madhya Pradesh
2021 Latest Caselaw 6854 MP

                                                                       1                             CRA-2480-2021
                                           The High Court Of Madhya Pradesh
                                                      CRA-2480-2021
                                                        (BANSHILAL Vs THE STATE OF MADHYA PRADESH)


                                   Indore, Dated : 26-10-2021

                                         Shri Deepak Rawal, learned counsel for the applicant.
                                         Ms Seema Maheshwari, Pl appearing on behalf of respondent/State.

Heard on admission.

Appeal is admitted for hearing.

Also heard on IA No. 16113/2021, an application under Section 389(1)

of Cr.P.C. on behalf of appellant - Banshilal for suspension of jail sentence and grant of bail.

T h e appellant has been convicted u/S 8/18(B) of NDPS Act and sentenced to suffer 10 years R.I. with fine of Rs. 1,00,000/- passed by S p ec ial Judge (NDPS), Jawad Distt. Neemuch vide judgment dated 05.02.2020 passed in S.ST. No. 69/2017.

As per prosecution story, on 01.01.2012, police received information from the informant regarding transportation of illegal contraband. Acting upon the said information, police reached the spot. During search, 13.900 kg opium

from possession of present appellant. Accordingly, case has been registered against him. After trial, appellant has been convicted and sentenced as mentioned above.

Learned counsel for appellant submits that the judgement and order of conviction passed by learned court below is wrong on facts and in law. The learned court below has erred in convicting appellant as aforesaid while looking to evidence on record, no connecting and convincing evidence available to come to that conclusion. It is further submitted that appellant has suffered seven years and nine months of custody out of total sentence of 10 years. Final conclusion of appeal will take long sufficient time to come up for hearing. Hence he prays for grant of bail and suspension of execution of jail

Signature Not Verified sentence during pendency of the appeal.

SAN

Digitally signed by SEHAR HASEEN Date: 2021.10.27 18:26:17 IST 2 CRA-2480-2021 Learned Panel Lawyer for State opposes the application and submits that looking to the nature of offence no case is made out for suspension of jail sentence and grant of bail to the appellant.

Considering all the facts and circumstances of the case, nature and gravity of offence and also the fact that appellant has already suffered jail

incarceration and he has suffered about eight years of jail incarceration out of the total sentence of ten years, final hearing of the appeal will take long time, it would be appropriate to allow the application of appellant for suspension of sentence and grant of bail.

It is directed that on deposition of fine amount, if already not deposited and also on furnishing personal bond of Rs. 1,50,000/- (Rupees one lakh and fifty thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before this Court/Registry on 20.12.2021 and on all other subsequent dates, as may be fixed by the Registry in this behalf, the execution of substantive jail sentence imposed on the appellant shall remain suspended, till final disposal of this appeal.

IA stands disposed off.

C.C. As per rules.

(ANIL VERMA) JUDGE

sh

Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2021.10.27 18:26:17 IST