Madhya Pradesh High Court
Shobharam vs Union Of India Through Narcotics ... on 18 July, 2022
Author: Rajendra Kumar (Verma)
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 116 of 2017
(SHOBHARAM Vs UNION OF INDIA THROUGH NARCOTICS CONTROL BUREAU THROUGH ASHSISH
CHARAVARTI)
Dated : 18-07-2022
Shri Yogesh Kumar Gupta, learned counsel for the appellant.
Shri Manoj Soni, learned counsel for the respondent.
Heard on I.A.No.6054/2022 which is first application for suspension of
sentence and grant of bail filed on behalf of the appellant-Shobharam Malviya.
The appellant has been convicted for offence under Section 8/18(B) of
the N.D.P.S.Act and sentenced to undergo R.I. for 10 years with fine of
Rs.1,00,000/- with default stipulation.
Learned counsel for the appellant submits that the appellant is in jail since
15.09.2014 and he has suffered more than 7 years of period of detention and
and there is no likelihood of final hearing of this appeal in near future and by
that time, the appellant would complete the entire jail sentence. The jail sentence
of the co-accused-Balwant has been suspended vide order dated 04.04.2022 in
Cr.A.No.1191/2016. Under these circumstances, counsel prays for suspension
of jail sentence of the appellant and grant of bail.
Learned counsel for the respondent on the other hand, has opposed the
bail application and prays for its rejection.
Recently, the apex Court in the case of Mossa Koya KP V/s. State
(NCT of Delhi) [Cr. Appeal No.1562/2021 decided on 6.12.2021] has
suspended the jail sentence after undergoing the 8 years out of the total 10 years
jail sentence. Relevant paragraphs of the said judgment are reproduced below :
Signature Not VerifiedDigitally signed by
SAN REENA JOSEPH
Date: 2022.07.19
10:56:01 IST 12. We appreciate the submission of the Additional Solicitor
General that offences under the NDPS Act are of a serious
nature and the case is at the post conviction stage. Yet the
Court cannot be unmindful of the fact that the appellant has
undergone 8 years out of the total sentence of 10 years. The
appeal is unlikely to be heard early. In all probability, the
entire sentence would have been undergone by the time the
appeal is heard. The decisions on the basis of which the High
Court of Delhi has declined to grant suspension of sentence,
are, at the highest, a broad guideline and cannot be placed on
the same pedestal as a statutory interdict. With the pendency
of the work in the High Court, it may not be feasible to
expedite the disposal of the appeal within a short period.
13. In the circumstances, particularly, since the appellant
has undergone 8 years out of ten years of the total sentence
which has been imposed on him, we are of the view that a
fit and proper case has been made out for the suspension
of the sentence under Section 389 CrPC.
1 4 . We accordingly allow the appeal and set aside the
impugned order of the High Court. The sentence of the
appellant shall stand suspended under Section 389 CrPC,
subject to such terms and conditions as may be imposed
by the Special Judge, NDPS, Patiala House Courts, New
Delhi. The appellant would cooperate in the expeditious
disposal of the appeal and shall not apply for adjournment
when the matter is taken up.ÂÂÂÂ
Considering the aforesaid facts and circumstances of the case, the
arguments advanced by learned counsel for the parties and the period of
incarceration of the appellant, this Court is of the considered opinion that the
application for suspension of jail sentence filed on behalf of the appellant
deserves to be allowed.
Accordingly, I.A.No.6054/2022 i s allowed and it is directed that
subject to depositing the fine amount and on furnishing personal bond in the
sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in
the like amount to the satisfaction of the trial Court, the execution of jail
Signature Not VerifiedDigitally signed by
sentence imposed against the appellant shall remain suspended, till the final
SAN REENA JOSEPH
Date: 2022.07.19
10:56:01 IST
disposal of this appeal for his appearance before the Registry of this Court on
12.10.2022 and on all such subsequent dates, as may be fixed by the Registry
in this regard.
List the matter for final hearing in due course.
I.A.No.6054/2022 stands allowed and disposed off.
(RAJENDRA KUMAR (VERMA))
JUDGE
RJ
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN REENA JOSEPH
Date: 2022.07.19
10:56:01 IST
