Rajaram vs The State Of Madhya Pradesh
2022 Latest Caselaw 452 MP

                                   1                                  CRA-45-2020


         The High Court Of Madhya Pradesh
                   CRA No. 45 of 2020

(RAJARAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Indore, Dated : 10-01-2022 Heard through Video Conferencing.

Shri Rakesh Kumar Yadav, learned counsel for the Petitioners. Ms.Archana Maheshwari, learned Panel Advocate for the State. Heard on IA No.24722/2021, an application for urgent hearing and IA No.24721/2021, an application for suspension of sentence on behalf of the

appellant No.1 Rajaram.

Being aggrieved by the judgment dated 12.12.2019 passed by Special Judge (NDPS Act) West Nimar, Mandleshwar whereby the appellant has been convicted for the offence punishable u/s 8(a)/20 of the NDPS Act and sentenced to undergo 5 years RI with fine of Rs.20,000/- with further default stipulation, the present appeal has been filed.

As per prosecution story, appellant No.1 Rajharam was found cultivating cannabis (ganja) in his agricultural field bearing survey no.159/2. After the search, police has recovered the plants of cannabis and kept in

sealed packet. The cannabis weighing 1.10. kg. was recovered from the agricultural field of the appellant No.1 for which he has failed to produce any valid license. During investigation, it was found that the appellant No.2 is also co-owner of the agricultural land and he has also been made accused in this case. After conducting the detailed trial, both the appellants have been convicted by the learned Special Judge as stated above.

By order dated 07.01.2021 the jail sentence of appellant No.2 Rughnath has already been suspended.

Learned counsel for the appellant submits that this is an appeal of the year 2020 which is not likely to come up for final hearing in near future. Out of five years jail sentence, the appellant has already undergone more than two and half years jail sentence so far. He is a first offencer. He has been falsely implicated in the case. The appellant has every hope of success in this 2 CRA-45-2020 appeal. If his jail sentence is not suspended he will undergo the complete sentence and nothing will survive in this appeal, hence prays for suspension of sentence in the matter.

Learned Panel Advocate opposes the prayer.

Accordingly, without commenting on the merit of the case, the

application for suspension of sentence is allowed. It is directed that subject to deposit of the fine amount with the trial court, if not already deposited and furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety in the like amount to the satisfaction of the trial court for his appearance before the Registry of this Court on 09.05.2022 and on such further dates as may be fixed in this behalf during the pendency of this appeal, the execution of jail sentence shall remain suspended till the final disposal of this appeal.

Before releasing the appellant the jail authorities are directed to medically examine him in order to rule out the possibility of Covid-19 infection and shall comply with the direction given by the Apex Court in Writ Petition No.01/2020.

List the matter for final hearing in due course.

C.c as per rules.

                                                             (VIVEK RUSIA)
      Digitally signed by HARI
      KUMAR C G NAIR                                             JUDGE
      Date: 2022.01.11 16:37:16
hk/   +05'30'