Rajan @ Siddharth Goutam vs The State Of Madhya Pradesh
2022 Latest Caselaw 1222 MP

                                                           Cr.A-2096-2019

                                   -1-
    HIGH COURT OF MADHYA PRADESH:JABALPUR
                    Criminal Appeal No.2096/2019
        (Rajan @ Siddharth Goutam Vs. The State of Madhya Pradesh)


Jabalpur, Dated: 27.01.2022
Heard through Video Conferencing.
      Shri Anil Khare, Senior Advocate with Shri Priyank Agrawal,
Advocate for the appellant.
      Shri Kamlesh Dwivedi, learned Panel Lawyer for the
respondent-State.

Heard learned counsel for the parties.

This criminal appeal assails judgment dated 15.02.2019 passed in Special Case No.15/2010 by Special Judge (N.D.P.S) District Anuppur (M.P.) whereby appellant- Rajan @ Siddharth Goutam has been convicted and sentenced as under :-

 Section       Act      Impriso   Fine, if    Imprisonment
                         nment depositedetail in lieu of fine
                                     s
20(B)(ii)   N.D.P.S.   R.I. for  Rs.1,00,000/-        Further R.I. for 1
(c)                    20 years.                      year

I.A.No.18743/2019, an application u/S. 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant- Rajan @ Siddharth Goutam is taken up and considered.

The prosecution story in brief is that on 14.10.2009 the police of Police Help Centre, Devhara received an information that "Ganja" was being carried in a green coloured Maruti Van bearing registration No.MP-09 V 7710 via Amarkantak-Shahdol main road towards Pendra Shahdol. On the same day at about 1:00 a.m. in the night, the police tried to intercept the said vehicle. The police heard the voice saying "Rajan move the vehicle ahead". After chasing the said vehicle for some distance, it was pulled up by the concerned police. It is alleged that the present appellant ran away from the said vehicle. Co-accused Ramesh Singh was found in the said vehicle. About 210 kg. "Ganja" was recovered from the said vehicle. Therefore, a case under Section 20(B)

(ii)(c) of the N.D.P.S. Act was registered against the present appellant.

Cr.A-2096-2019

Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated. He has further submitted that the appellant was not found from the said vehicle from which the Ganja was seized. Test Identification Parade was not conducted by the prosecution to ascertain that it was the appellant whose name was called by the co-accused, when the police tried to pulled up the said vehicle. He has further submitted that the incident allegedly took place on 14.10.2009; however, after lapse of almost one year Farari Panchnama Ex.P/53 was prepared on 09.02.2010. Counsel for the appellant further submits that the appellant is in custody for more than 5 years. There is no criminal antecedent against the appellant. Therefore, it has been prayed to suspend the jail sentence of the appellant and release the appellant on bail.

On the contrary, learned counsel for the respondent/State has opposed the application and prays for its rejection.

Considering the arguments rendered by learned counsel for the appellant and in the light of the fact that the present appellant was not found in the said vehicle with Ganja when it was searched, TIP was not conducted to ascertain the fact that the appellant was accompanying the co-accused in the said vehicle in which Ganja was found, the appellant has no criminal antecedent and this appeal would take considerable time for its final disposal, without entering into merits of the case, this Court is inclined to grant suspension of sentence and grant of bail to appellant -Rajan @ Siddharth Goutam.

Accordingly, without expressing any opinion on merits, I.A.No.18743/2019 is allowed and it is directed that appellant- Rajan @ Siddharth Goutam be released on bail subject to his depositing the amount of fine if not already deposited and furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of concerned CJM/available Magistrate.

The learned concerned CJM/Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of appellant- Rajan @ Siddharth Goutam during period of Cr.A-2096-2019

suspension of sentence as a consequence of this order.

A copy of this order be sent to the Court concerned for information.

Let the case be listed for final hearing in due course.

     (SHEEL NAGU)                                           (SUNITA YADAV)
       Judge                                                    Judge
Digitally
signed by BIJU
BABY
Date:b
2022.02.01
17:38:09
+05'30'