Raees Mohd. vs The State Of Madhya Pradesh
2022 Latest Caselaw 8404 MP

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                                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                                      AT INDORE
                                                                        CRA No. 7687 of 2021
                                                          (RAEES MOHD. AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                            Dated : 24-06-2022
                                                  Shri Z.A.Khan, learned Sr. Counsel with Shri Ramesh Chandra Gangare,

                                            learned counsel for the appellant.
                                                  Shri Vikas Jaiswal Pl appearing on behalf of Advocate General/State.

                                                   Heard on I.A. No.29816/2021 has been filed by appellant no.3/
                                            Makbul Hussain which is first application for suspension of sentence.

                                                     The appellant has been convicted for offences under Sections
                                            18(C)/18(b) of NDPS Act and sentenced to RI for 10 years, and fine
                                            and with default stipulation.
                                                  Learned counsel for the appellant has submitted that the appellant
                                            is innocent and has been falsely implicated in the alleged offence. There
                                            is no evidence against the present appellant to connect him with the
                                            aforesaid offences. He further submits that the appellant has convicted
                                            in the present case being owner of the vehicle from which the

                                            contraband was recovered from possession of the co-accused persons.
                                            There is no evidence to prove that the appellant has knowingly allowed
                                            the vehicle to be used in the offence. There is no evidence to show that
                                            at the time of transportation of the contraband, the appellant had any
                                            direct control over the vehicle neither it was in his possession nor he

Signature Not VerifiedDigitally signed by
                                            was having any knowledge about the use of the said vehicle by the co-
  SAN                 AMIT KUMAR
                      Date: 2022.06.27
                      18:45:36 IST

                                            accused in illegal transportation. He further submits that the final
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                                            hearing of this appeal is likely to take sufficient long time. Under these
                                            circumstances, counsel prayed that the application for suspension of
                                            sentence of the appellant be allowed.
                                                  Learned Senior counsel for the appellant has placed reliance over
                                            the the judgment passed by Apex Court in the case of Balwinder Singh
                                            vs. Assist. Commr. , Customs and Central Excise [2005 SCC (Cri.)
                                            1092] and Bhol Singh Vs.State of Punjab [2011 CRI.L.J. 2296].
                                                  Learned Panel Lawyer for the respondent/State on the other hand,

has opposed the application for suspension of sentence and prays for its

rejection and supported the judgement of learned trial Court.

Considering the facts and circumstances of the case, the arguments advanced by learned counsel for the parties, this Court is of t h e considered opinion that the application for suspension of jail sentence filed on behalf of the appellant deserves to be allowed.

Accordingly, I.A. No.29812/2021 filed by appellant is allowed. It is directed that subject to depositing the fine amount and on furnishing personal bond by the appellant in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before this Court, the execution of custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of

Signature Not VerifiedDigitally signed by SAN AMIT KUMAR this appeal.

Date: 2022.06.27 18:45:36 IST

The appellant after being enlarged on bail, shall mark his presence

before the Registry of this Court on 14/12/2022 and on all such subsequent dates, as may be fixed by the Registry in this regard.

List in due course.

Certified copy as per Rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

amit

Signature Not Verified VerifiedDigitally Digitally signed by SAN AMIT KUMAR Date: 2022.06.27 18:45:36 IST