Bhanwarlal Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 8390 MP

                                                                                1
                                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                                      AT INDORE
                                                                        CRA No. 6428 of 2019
                                                            (BHANWARLAL GURJAR Vs THE STATE OF MADHYA PRADESH)

                                            Dated : 24-06-2022
                                                  Ms. Shraddha Dixit, learned counsel for the appellant.

                                                  Shri Vikas Jaiswal, learned Panel Lawyer for the
                                                  respondent/State.

Heard on I.A. No.2245/2022, third application under Section 389 (1) of Cr.P.C for suspension of sentence and grant of bail filed on behalf of the appellant. His first application was rejected vide order dated 14.09.2020 and

second application was rejected vide order dated 20.09.2021.

The appellant has been convicted for offence under Section 8(C)/15(C) of the N.D.P.S.Act and sentenced to undergo 10 years R.I. with fine of Rs.1,00,000/- with default stipulations.

Learned counsel for the appellant has submitted that the appellant is in jail since 19.06.2014 and has undergone almost 8 years of his jail sentence. It is further submitted that final hearing of this appeal is likely to take a sufficient long time in near future. It is further submitted that if the appeal is not heard it would render infructuous because the appellant would complete the entire jail

sentence. Under these circumstances, counsel prays for suspension of remaining jail sentence of appellant and grant of bail.

Learned Panel Lawyer for the respondent/State o n the other hand, has opposed t h e bail application and prays for its rejection by supported the judgment of conviction passed by learned trial Court, therefore, there is no Signature Not VerifiedDigitally signed by SAN AMIT KUMAR Date: 2022.06.27 ground for acquittal of the appellant.

18:45:35 IST

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 :

"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 Cr.P.C."

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 Signature Not VerifiedDigitally signed by SAN AMIT KUMAR Date: 2022.06.27 18:45:35 IST deserves to be allowed.

Accordingly, I.A. No.2245/2022 is allowed and it is directed that

subject to depositing the fine amount and on furnishing personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with two solvent sureties of Rs.1,00,000/- each in the like amount to the satisfaction of the trial Court, the execution of jail sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal for his appearance before the Registry of this Court on 12.09.2022 and on all such subsequent dates, as may be fixed by the Registry in this regard.

This is an admitted appeal.

List for final hearing in due course.

Certified copy, as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

Signature Not Verified VerifiedDigitally Digitally signed by SAN AMIT KUMAR Date: 2022.06.27 18:45:35 IST