Shivraj Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 5008 MP

                                                                 1                               CRA-4407-2020
                                       The High Court Of Madhya Pradesh
                                                  CRA-4407-2020
                                                (SHIVRAJ SINGH Vs THE STATE OF MADHYA PRADESH)

                                4
                                Indore, Dated : 03-09-2021

                                      Ms. Sonali Gupta, learned counsel for the appellant.
                                      Mr. Aditya Garg, learned Panel Lawyer for for the
                                respondent/State.

Heard o n I.A.No.8619/2020, which is an application filed

under Section 389 of Cr.P.C for suspension of jail sentence of appellant Shivraj Singh, who has been convicted by the Special Judge, NDPS Act, Neemuch for the offence punishable under section 8 read with S. 25 of NDPS Act vide judgment dated 13.07.2020 passed in Special Case No. 48/2017 and has been sentenced to undergo 10 years RI with fine of Rs.1,00,000/- with default stipulation.

Counsel for the appellant submits that appellant's conviction is solely on the ground that he was the owner of the vehicle on the date

of incident i.e. 21.04.2017. It is further submitted that before the trial Court documents were produced as Exhibits P/21 to P/32 which were duly proved by PW.5 Ashok Kumar, the Assistant Programmer of District Transport Office Katputali, District Jaipur (Rajasthan). From these documents, it is apparent that on the date of incident the vehicle in question was transferred by the appellant in favour of one Mahesh Chandra Sharma and the said transfer was duly recorded by the aforesaid Transport Office. The Court below has however, totally omitted to take these documents under consideration and have look into only the original registration certificate of the vehicle in name of appellant which was Exhibit P/81. It is submitted that from Signature Not Verified

documents Ex.P/21 to P/32, it is clear that on the date of incident, SAN

Digitally signed by JYOTI CHOURASIA Date: 2021.09.04 12:01:27 IST 2 CRA-4407-2020

appellant was not the owner of the said vehicle. The conviction on the basis of Ex.P/81 alone without taking into consideration the other material available on record is illegal. The final disposal of the appeal is likely to take sufficiently long time. Thus, it is submitted that the application for suspension of jail sentence be allowed and the

appellant be released on bail.

Counsel for the respondent / State of Madhya Pradesh opposed the application by submitting that on the date of incident, the vehicle was registered in the name of the appellant as is clear from the exhibit P/81 and the Court below has not committed any error in convicting the appellant on the basis of the said document. It is further submitted that no sufficient ground is made out for releasing the appellant on bail; hence the application filed by the appellant be dismissed.

Heard the arguments of learned counsel for the parties and from the record, it is apparent that though the vehicle was purchased in the year 2011 by the appellant in his own name as is reflected by the document Exhibit P/81 but later on, in the year, 2016 the same was sold by him in favour of Mahesh Chandra Sharma as is evident from the documents Ex.P/21 to P/32. The incident is of 21.04.2017 and on that day the appellant was not the owner of the said vehicle. The evident of PW.5, the Officer of Transport Office concerned has also not been appreciated in proper perspective by the Court below. In view of the above, this Court is of the considered opinion that the application for suspension of custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the

Signature Not Verified case, IA No.8619/2020 is allowed and it is directed that on SAN

Digitally signed by JYOTI CHOURASIA Date: 2021.09.04 12:01:27 IST 3 CRA-4407-2020 furnishing a personal bond by the appellant in the sum of Rs.2,00,000/- (Rupees Two Lakhs only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his 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 presence before the concerned trial Court on 20.12.2021 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Let the matter be listed for final hearing in due course. C. c. as per rules.

(PRANAY VERMA) JUDGE

jyoti

Signature Not Verified SAN

Digitally signed by JYOTI CHOURASIA Date: 2021.09.04 12:01:27 IST