Anad vs The State Of Madhya Pradesh
2022 Latest Caselaw 754 MP

1                                    Cr.A.No.271-2018

    THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH
                            Cr.A.No.271-2018
             ( Anand and others vs. State of Madhya Pradesh)

Indore, Dated: 17.01.2022
     Shri Sanjay Sharma, learned counsel for the appellant.
     Shri Sameer Verma, learned Panel Lawyer for the
respondent/State.

Also heard on I.A.No.25641/2021,which is an application

under Section 389 (1) of the Cr.P.C. for suspension of jail sentence

of the appellant No.3 Dharsiya.

The appellant has been convicted by the Special Judge

(under NDPS) West Nimar Mandleshar vide judgment dated

08.11.2017 passed in Special Case No.10/2010 and sentenced him

as under:-

    Conviction                          Sentence
Section      Act    Imprisonment           Fine         Imprisonmen
                                                         t in lieu of
                                                             fine
8/20(b) NDPS         10 years RI        1,00,000/-
                                                with default
                                                stipulation

Learned counsel for the appellant has submitted that under

identical circumstances, appellant No.1 Anand and appellant No.2

Chandan have been granted suspension of jail of sentence by this

Court vide order dated 16.6.2021 and 18.8.2021 respectively.

Counsel has submitted that from the possession of appellant No.1

Anand and appellant No.2 Chandan, 21 kg. and 15 kg of ganja

(commercial quantity is 20 kg.), whereas from the possession of

the present appellant i.e appellant No.3 Dharsiya 08 kg. ganja has

been seized. It is further submitted that there is no possibility of

the early hearing of this criminal appeal before this Court, hence it

is prayed that on the grounds of parity, custodial sentence of the

appellant be suspended during the pendency of this criminal

appeal.

Learned counsel for the respondent/State, on the other hand,

has opposed the prayer and prayed for its rejection.

On due consideration of the submissions of the parties and

looking to the nature of sentence and and the period already

undergone by the appellant as also maintaining the parity, without

commenting on the merits of the case, this Court finds force with

the contention raised by the counsel for the appellants, in the

considered opinion of this Court, it would be expedient to suspend

the jail sentence of the appellant. Accordingly, the application

I.A.No. I.A.No.25641/2021 is allowed.

It is directed that on furnishing a personal bond by the

appellant No.3 Dharsiya in the sum of Rs.25,000/- (Rupees

Twenty Five Thousand only) with a solvent surety each 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 08.4.2022 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: 2022.01.17 17:18:51 +05'30'