Anshul Kumar Jaat vs The State Of Madhya Pradesh
2022 Latest Caselaw 5355 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 9104 of 2019 (ANSHUL KUMAR JAAT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 12-04-2022 Mr. Sankalp Kochar, learned counsel for the appellants.

Ms. Nalini Gurang, learned Panel Lawyer for the State. Considered I.A.No.20083/2021, which is third application under section 389(1) of Cr.P.C. for grant of suspension of sentence and grant of bail on behalf of appellant - Anshul Kumar Jaat. His first application vide order dated 03.02.2021 was dismissed on merits and second application vide order dated 29.06.2021 was

dismissed as withdrawn.

B y the impugned judgment dated 18.09.2019 passed by Session Judge, Dindori (M.P.) in SC NDPS No.04/2017 the appellant has been convicted for offences under Section 8 (c) r/w Section 20 (kha)(ii)(C) of the NDPS Act and sentenced to undergo R.I. for 10 years and fine of Rs.1,00,000/- with default stipulation.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has erred in passing the impugned judgment without properly appreciating the oral and

documentary evidence available on record. The appellant has served sentence of about 5 years and 4 months. The final disposal of this appeal would take considerable time. Hence, the remaining jail sentence of the appellant be suspended and he be released on bail.

In support of his case, learned counsel for the appellant has cited the order of the Supreme Court passed in the case of Saudan Singh Vs. State of U.P., Special Leave to Appeal (Crl.) No.4633/2021 and the orders of the High Court of M.P., dated 19.01.2022 passed in Cr.A. No.3074/2021 (Ravi Khatik Vs. The State of M.P.) and dated 11.02.2022 passed in Cr.A. No.1154/2016 (Shanker Singh Mahdele and Ors Vs. The State of M.P.) Learned Panel Lawyer has vehemently opposed the prayer for suspension of sentence and grant of bail. It is submitted that huge of contraband material recovered from the possession of the appellant.

Heard learned counsel for the parties and perused the judgment of the trial Court. About 153.450 Kgs. of Ganja has been seized from the possession of the appellant. Although the appellant has served the jail sentence of about 5 years and 4 months but looking to the huge quantity seized from the possession of the

appellant, this Court is not inclined to suspend the jail sentence of the appellant and to release him on bail.

Even otherwise, the application for suspension of sentence of co-accused - Uttam Kumar Jaat has also been dismissed by this Court vide order dated 18.11.2021.

Accordingly, the application is hereby dismissed. List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.04.12 18:58:52 IST