Rakesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 5465 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                      CR. A. No. 515 / 2015
                     RAKESH Vs. STATE OF MP
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INDORE, Dated : 15/09/2021
     Heard through video conferencing.
     Mr. Nilesh Dave, learned counsel for the appellant.
     Mr.DS Chouhan, learned PL for the respondent - State.

Heard on I.A.No. 220/2021, which is third application filed under Section 389(1) of the Code of Criminal Procedure, 1973 on behalf of appellant Rakesh for suspension of jail sentence and grant of bail. Appellant has been convicted and sentenced vide judgment dated 26/2/2015 passed by the learned Special Judge under the NDPS Act, 1985 in Special S.T.No. 22/2012, as under :

Conviction                       Sentence
 Section          Act.    Imprisonm Fine          Imprisonm
                          ent                     ent in lieu
                                                  of fine
8/18 (B)        NDPS Act 10 years      Rs.1,00,00 One year
                         RI            0/-        RI

Appellant's first and second application were dismissed as withdrawn vide order dated 12/8/2015 and 16/7/2020, respectively.

Learned counsel for the appellant submits that appellant is in custody since 7/4/2012 and he has suffered period of detention for almost 9½ years. The prosecution could not prove the case beyond a reasonable doubt. There is non-compliance of the mandatory provision of Sec. 42, 50, 55 and 57 of the NDPS Act. Final conclusion of this appeal HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CR. A. No. 515 / 2015 RAKESH Vs. STATE OF MP

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is likely to take a sufficiently long time. Till then the sentence passed against the appellant is not suspended, the very purpose of filing of this appeal would be frustrated.

Learned counsel for the appellant has placed reliance upon the catena of judgment delivered by the apex Court in the case of Mansingh Vs. Union of India reported in (2006) 1 SCC (Cri) 279; Mayuresh Nandkumar Purohit Vs. Kaushik Manna and another reported in 2018 CrLR (SC) 251; Arif Khan @ Agha Khan Vs. State of Uttarakhand (Cr.A.No. 273/2007); State of Rajasthan Vs. Parmanand reported in 2014 Cri.L.J. 1756; Mohan Lal Vs. State of Punjab reported in 2018 Cr.L.R (SC 833); Kishan Chand Vs. State of Haryana Cr.A.No. 1375/2008; and the judgment delivered by this Court in the case of Union of India Vs. Suchchansingh reported in 2018 (1) Cr.L.R. (MP) 312; Sheikhlal Vs. State of MP reported in 2007 (3) MPHT 250; Gopaldas Vs. State of M.P. Cr.A.No. 1536/2018; and, lastly, the judgment delivered by Rajasthan High Court in the case of Saudan and another vs. State of Rajasthan reported in 2002 Cri.L.J. 4816. On the basis of aforesaid citations, learned counsel for the appellant prays for grant of bail and suspension of execution of jail sentence of the appellant.

Per contra, learned Government Advocate for the respondent - State strongly opposed the prayer for suspension of custodial sentence and submits that appellant was properly convicted and sentenced by the trial Court and, HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CR. A. No. 515 / 2015 RAKESH Vs. STATE OF MP

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therefore, no case for suspension of his jail sentence is made out. In such circumstances the application be dismissed. It is stated 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.

Heard learned counsel for the parties and perused the record.

After perusal of the impugned order and evidence available on record, it appears that the evidence of the Investigating Officer is well supported by the other documentary evidence, though some independent witnesses regarding seizure and memo have turned hostile, but keeping in view the evidence available on record, it cannot be said that there is no evidence against the applicant.

After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case as well as the nature of the allegation, this Court is of the considered opinion that no case is made out for grant of bail and suspension of execution of remaining jail sentence of appellant Rakesh. Accordingly, I.A.No. 220/2021 is dismissed.

Certified copy, as per Rules.

(ANIL VERMA) JUDGE KR

Digitally signed by KAMAL RATHORE Date: 2021.09.15 18:30:16 +05'30'