Rahul Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 10063 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 464 of 2022 (RAHUL SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 21-07-2022 Shri Basant Pandey, learned counsel for the appellant.

Ms. Chandra Kanta Pal, learned Panel Lawyer for the State. Heard on I.A.No.959/2022 which is an application for condonation of delay.

As per office report, the appeal is time barred by 20 days. It is not an inordinate delay. Appropriate reasons have been assigned by the appellant in his

application. The application is supported by an affidavit. Therefore, IA. No.959/2022 is allowed and delay is hereby condoned.

Heard on admission.

Admit.

Heard on I.A. No.643/2022, which is the first application filed on behalf of the appellant for suspension of sentence and grant of bail.

By the impugned judgment, the appellant has been convicted under Section 8/2 of the NDPS Act, 1985 and has been sentenced to undergo RI

for five years with fine Rs.25,000/- with default stipulation.

The allegations against the appellant is that about 11 Kg. of cannabis ('ganja') has been recovered from his possession.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. Signature Not Verified SAN The appellant has already served more than half of the sentence. There are many contradictions, omissions and improvements in the version of the prosecution Digitally signed by ROSHNI SINGH Date: 2022.07.21 17:02:48 IST

witnesses. This appeal is of year 2021. The sentence of co-accused/Santosh Singh has already been suspended by this Court vide order dated 07.01.2021. The appellant is in jail and final disposal of this appeal would take considerable time to conclude, therefore, the custodial sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer for the State has opposed the application. As per the jail report dated 15.06.2022 received from the Sub Jail, Pawai, District-Panna, appellant has already served about 2 years 2 months and 13 days.

Looking to the facts and circumstances of the case and mainly the fact

that the appellant has already served more than half of the sentence, I deem it to be a fit case to suspend the custodial sentence of the appellant and to release him on bail, therefore, without commenting on the merits, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant-Rahul Singh shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 15.12.2022 and on such other dates as may be fixed in this regard during pendency of this appeal.The appellant shall regularly appear before the trial Court concerned on every date, without fail.

List for final hearing in due course.

Signature Not Verified SAN

Digitally signed by ROSHNI SINGH Date: 2022.07.21 17:02:48 IST

(SMT. ANJULI PALO)

JUDGE R

Signature Not Verified SAN

Digitally signed by ROSHNI SINGH Date: 2022.07.21 17:02:48 IST