Madhya Pradesh High Court
Dharmendra Kumar @ Golu Jhariya vs The State Of Madhya Pradesh on 20 April, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1348 of 2022
(DHARMENDRA KUMAR @ GOLU JHARIYA Vs THE STATE OF MADHYA PRADESH)
Dated : 20-04-2022
Shri R. S. Rathore, learned counsel for the appellant.
Shri Manoj Kushwaha, learned Panel Lawyer for the respondent/State.
Heard on I.A.No.2219/2022, an application under Section 389(1) of Cr.P.C.
for suspension of jail sentence and grant of bail to the appellant pending the appeal.
The appellant has been convicted for commission of offence under Section
20(b)(ii)(b) of the NDPS Act, 1985 and has been sentenced to undergo R.I for 3
years with fine of Rs.5000/- with default stipulation by Special Judge (NDPS
Act,1985) District Anuppur by judgment dated 04.01.2022 passed in Special Case
NDPS No.01/2019 (State of M.P. Vs. Dharmendra Kumar @ Golu Jhariya).
Learned counsel for the appellant has submitted that the appellant has
already undergone a period of 9 months in jail. Learned counsel has taken me
through the evidence of D.K. Singh (PW-11). In para 22 of his cross-examination,
this witness has admitted that independent witnesses were not called by him.
Learned counsel further submitted that independent witnesses have not supported
the seizure of Ganja from the possession of the appellant. Proper procedure as per
the mandate of Act was not followed by the police when the Ganja was seized. He
has fair chances of succeeding in this appeal. There is no possibility of hearing this
appeal in the near future. If the sentence is not suspended the purpose of filing of
this appeal would become futile. In the aforesaid pretext, it has been prayed that
jail sentence of appellant be suspended and he be released on bail till final disposal
of the appeal.
On the other hand, learned Government Advocate for the respondent/State
has opposed the prayer for grant of bail to the appellant.
I have gone through the evidence of D.K. Singh (PW-11) and other
witnesses. Taking into consideration the period already undergone by the appellant,
evidence of prosecution witnesses and the short nature of sentence and the fact
that there is no possibility of hearing of this appeal in near future, without
expressing any opinion on the merit of the case, I deem it proper to suspend the
remaining jail sentence of the appellant.
Consequently, I.A.No.2219/2022 is allowed. The execution of jail sentence
o f appellant- Dharmendra Kumar @ Golu Jhariya is hereby suspended
subject to depositing the fine amount, (if not already deposited). It is directed
that the appellant be released on bail on his furnishing a personal bond to a sum
of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like
amount to the satisfaction of the trial court with a further direction to appear
before the Registry of this Court on 14.09.2022 and also on such other dates, as
may be fixed by Registry in this regard during the pendency of this appeal.
List this case for final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
b
Digitally signed
by BIJU BABY
Date: 2022.04.21
13:50:00 +05'30'
