Govind Das vs The State Of Madhya Pradesh
2022 Latest Caselaw 1002 MP

 THE HIGH COURT OF MADHYA PRADESH, INDORE
                  BENCH
                 CRA No.1601/2016


Indore, dated 20/01/2022
        Heard through video conferencing.
   Ms. Shraddha Dixit, learned counsel for the appellants.
      Shri Vismit Panot, learned P.L.. for the respondent /State.

Also heard on I.A. No.17056/2021, third application filed under Section 389 (1) of Cr.P.C. for grant of suspension of jail sentence. Earlier, both the applications were dismissed as withdrawn.

The appellant has been convicted and sentenced by the Additional Special Judge (NDPS) Act, Mandsaur vide judgment dated 19.10.2016 passed in Case No.08/2011 as under:

 Conviction                             Sentence
Sections and Act           Imprisonment Fine          Imprisonment   in
Act                                                   lieu of fine
08/15(c)        NDPS       10 years           One     2 Years
                                              Lac/-

As per prosecution story, 260 KG of poppy straw was recovered from joint possession of the appellant and three other accused persons namely Ramesh, Shripal and Ishwardas. Hence, the police has registered the case against the appellants.

Learned counsel for the appellant submits that the appellant is an innocent person and has falsely been implicated in the present case. The learned trial Court has erred in convicting the appellant without considering the evidence on record. There is no compliance of mandatory provisions of Section 50 of the NDPS Act which is clear from Ex.P/5 by which option had been given to the appellant for his search by the ASI of Police himself. The appellant has completed more than half of the sentence awarded by the learned trial court. The appellant was on bail during trial and from the date of judgment i.e. 19.10.2016, he is in custody and completed 6 years and one month of his incarceration period. Hence, the appellant may be granted suspension of jail sentence.

Learned counsel for the State has opposed the prayer by submitting that the appellant was arrested alongwith other co-accused persons with the contraband. Hence, no case for suspension is made out.

I have heard the learned counsel for the parties and perused the record.

Accordingly, I.A. No.17056/2021 filed on behalf of appellant Govind Das is allowed and it is directed that subject to deposit fine amount and on furnishing personal bond by appellants in the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before the registry of this Court, the execution of custodial part of the remaining 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 registry of this Court on 25.02.2022 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

Certified copy, as per rules.

This is an admitted appeal.

List for final hearing in due course.

(Rajendra Kumar (Verma)) Judge

amit AMIT Digitally signed by AMIT KUMAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=18db6b55824fa1834dc7e61d06ed3c7 9a81bc156ec0309c5245d47a0a52604de,

KUMAR pseudonym=713D9BD68EDDADCD6B88DA2B1 BCDCFC0369478F5, serialNumber=62B9B1A094FCDF2F0107E9132 6BC51DC9DCF83F25C9D67245FE3BCCFD0F2D B67, cn=AMIT KUMAR Date: 2022.01.21 09:24:25 +05'30'