Laxman vs The State Of Madhya Pradesh
2021 Latest Caselaw 4883 MP

       The High Court Of Madhya Pradesh

                            CRA-3655-2021
                  (LAXMAN Vs THE STATE OF MADHYA PRADESH)




Indore, Dated : 01-09-2021
      Heard through Video Conferencing.

      Shri Pankaj Ajmera, learned counsel for the appellant.
      Smt. Viniya Phaye, GA for the respondent/State.

Heard on IA No.15503/2021, which is an application filed under section 389(1) of the Cr.P.C for grant of bail and suspension of execution of jail sentence of appellant Laxman The appellant is in custody because of his conviction under section 8(C) /20(A)(2)(C) of NDPS Act and sentence to undergo 12 years R.I with fine of Rs.1,00,000/-; in default whereof further R.I of six months.

Learned counsel for the appellant submits that learned lower Court has not appreciated the evidence properly. All the witnesses arethe interested witnesses, so their evidence are not reliable. PW-1 to PW-7, who are seizure and memorandum witnesses, have turned hostile. There are contradictions and omissions in the statements of the witnesses. The prosecution has not proved its case beyond reasonable doubts. Provisions of sections 41, 42,. 50 and 57 of the NDPS Act have not been complied with. Present appellant is in jail since 29/03/2014 and has completed more than half of the jail sentence, therefore, on the basis of principles laid down in the case of Kamal Vs. State of Haryana reported in 2006(1) SCC (Cri) 757, learned counsel prays for grant of bail and suspension of execution of remaining jail sentence of the appellant.

Per-contra, learned GA for the respondent/State opposed the application and prays for its rejection by stating that evidence of the Investigating Officer is cogent and reliable and sufficient evidence is available on record to establish the guilt of the appellant in the alleged offence. It has also been proved beyond reasonable doubts that the place, where the Investigating Officer conducted seizure of the contraband, is in the possession of present appellant and he is the owner of the alleged land; the documents in that regard has been exhibited as Khatoni Ex-P/46 and Khasra Ex-P/47.

From perusal of the impugned judgment and evidence available on record, it appears that the evidence of the Investigating Officer is well supported by documentary evidence. Although the independent witnesses regarding seizure and memorandum have been turned hostile, but in view of the evidence available on record, it cannot be said that no evidence is available on record.

After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case as well as nature of the allegation, in the considered opinion of this Court, no case is made out for grant of bail and suspension of execution of remaining jail sentence of appellant Laxman.

Accordingly, I.A. no. 15503/2021 is hereby rejected. C C as per rules.

                   (SUJOY PAUL )                                ( ANIL VERMA)
                     JUDGE                                          JUDGE


Digitally signed by AMOL N
MAHANAG
Date: 2021.09.03 11:40:46 +05'30'