Kailash vs The State Of Madhya Pradesh
2022 Latest Caselaw 3169 MP

                                 - : 1 :-
                                                          CRA No. 4628/2020



HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
    (SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)

                        CRA No. 4628 of 2020
          (Kailash S/o. Foolchand Patidar V/s. State of M.P.)
Date: 07.03.2022 :
      Shri Vivek Singh, learned counsel for the appellant.
      Shri    Mukesh     Sharma,     learned    Panel    Advocate      for
respondent/State.

Heard on I.A. No.16918/2021, first application for suspension of custodial sentence of the appellant. The appellant stands convicted u/s. 8/18(c) of the NDPS Act and sentenced to undergo 10 years' RI and to pay a fine of Rs.1,00,000/- with default stipulation vide judgment dated 23.1.2020 passed by Special Judge (NDPS Act), Manasa in S.T. No.01/2013.

As per prosecution story, 1200 gms. of opium was recovered from the conscious possession of the present appellant on 20.1.2013. On his disclosure memo, Vinod @ Gudda was also added as co- accused and put to trial with the aid of Section 29 of the NDPS Act, however, he has been acquitted by the learned trial Court.

Learned counsel for the appellant submits that at the time of commission of offence, the appellant was aged about 55 years and now he is 64 years of age with no criminal past. Less than the commercial quantity of the contraband has been seized from the possession of the appellant, but the trial Courot has awarded the complete sentence of 10 years and even if it is reduced at the time of final hearing of this appeal, by that time the appellant will complete the entire sentence. He is in custody since last 2½ years. There is no possibility of final hearing of the appeal in near future. He, therefore, prays for grant of suspension of custodial sentence.

On the other hand, the learned Panel Advocate appearing for the respondent/State prays for rejection of the repeat application.

In view of the aforesaid facts and circumstances of the case and

- : 2 :-

CRA No. 4628/2020

also looking to the period of custody, I find it is to be a fit case to suspend the custodial sentence of the appellant.

Accordingly, I.A. No.16918/2021 is allowed and it is directed that subject to deposit of fine amount, if already not deposited, with the trial Court and on furnishing personal bond by the appellant in the sum of Rs.1,00,000/- (One Lakh only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of custodial part of the sentence of the appellant shall remain suspended till final disposal of this appeal. I.A. No.16919/2021, an application for urgent hearing also stands disposed of.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 21.09.2022 and on all such subsequent dates, which are fixed in this behalf.

List for final hearing in due course.

C.C. as per rules.

( VIVEK RUSIA ) JUDGE Alok/-

Digitally signed by ALOK GARGAV Date: 2022.03.07 17:33:03 +05'30'