Ramlal vs The State Of Madhya Pradesh
2022 Latest Caselaw 5845 MP

               1                               Cr.A. 60-2021

           IN THE HIGH COURT OF MADHYA PRADESH
                                AT INDORE
                            Cr.A. No. 60 of 2021
                    ( Ramlal Vs. State of Madhya Pradesh )

Dated:- 21.04.2022
      Shri A.K. Saraswat, learned counsel for the appellant.
      Shri Koustubh Pathak, learned Govt. Advocate for the
respondent/State.

Heard on I.A.No.26429/2021, which is the first application filed under Section 389(1) of the Cr.P.C. for suspension of jail sentence of the sole appellant.

The appellant has been convicted vide judgment dated 18.12.2017 passed in S.T.No.21/2017 and sentenced him as under:-

        Conviction                             Sentence
    Section        Act       Imprisonment          Fine        Imprisonment
                                                               in lieu of fine
    8/ 18(b)       NDPS        10 years RI      1,00,000/-       1 year RI

The allegation against the appellant is that he was found in possession of 12 kg. 500 gm.Opium.

Counsel appearing for the appellant has submitted that the appellant is licenced holder and this fact is proved vide Ex.D/1and in such circumstances, his conviction ought to have been under Section 826(d) of the NDPS Act in stead of Section 8/18 (b) of the NDPS Act and under Section 826 (d) the period of imprisonment may three years with the fine and the appellant has already undergone 2 years 04 months and 8 days of his jail sentence and 2 Cr.A. 60-2021

there is no possibility of early hearing of this criminal appeal before this Court. Thus, it is submitted that the application be allowed and the jail sentence of the appellant be suspended.

Counsel for the State, on the other hand, has opposed the prayer.

On due consideration of the submissions and on perusal of the record, this Court finds force with the contention raised by the counsel for the appellant. Thus, it would be expedient to allow the application for suspension jail sentence of the appellant. Accordingly, the application I.A.No.26429/2021 is allowed.

It is directed that on furnishing a personal bond by the appellant in the sum of Rs.50,000/-(Rupees Fifty thousand 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 30.7.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Certified copy, as per rules.

(Subodh Abhyankar) JUDGE moni Digitally signed by MONI RAJU Date: 2022.04.21 16:34:06 +05'30'