Manoj Kumar Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 3191 MP

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          THE HIGH COURT OF MADHYA PRADESH
                           CRA 2183/2022
                 (Manoj Kumar & anr. Vs. State of M.P.)

Gwalior, Dated: 07.03.2022
      Shri Navnidhi Parharya, learned counsel for appellants.

       Shri      Kaushlendra   Singh,   learned   Public   Prosecutor   for

respondent/State.

Heard on admission.

Appeal being arguable, is admitted for final hearing.

Also heard on IA No.3590/2022, first application under Section

389 of CrPC filed on behalf of appellants for suspension of sentence and

grant of bail.

Appellants have been convicted vide judgment dated 26.2.22

passed in SC NDPS 02/2013 by learned Special Judge (NDPS Act),

Morena by which the appellants have been convicted under Section

8/21(b) r/w Section 29 of NDPS Act and sentenced to undergo for 2

years R.I. with fine of Rs.10,000/- with default stipulation.

From the possession of appellant No.1, 6.7 gram smack and from

the possession of appellant No.2, 3.87 gram smack was seized.

It is submitted by learned counsel for appellants that appellants

have suffered more than two years of custody period. Fine amount has

already been deposited by them. The appellants are ready to abide by all

the terms and conditions as may be imposed by this Court. Final hearing

of the appeal will take time and appellants have a good case on merit.

Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed

for its rejection.

In the Case of Dadu @ Tulsidas Vs. State of Maharashtra

(2000) 8 SCC 437, it was held that the appellate Court has jurisdiction

to suspend the sentence. Section 32A of NPDS Act, so far it ousts the

jurisdiction of Court to suspend the sentence is unconstitutional.

Considering the facts and circumstances of the case, but without

commenting upon merits of the case, this Court suspends the jail

sentence of appellants which ought to have suspended by the Special

Judge. Hence, IA.No.3590/22 is allowed and it is directed that jail

sentence of appellants will remain under suspension subject to

verification that amount of fine has been deposited, on appellants'

furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand

Only) each with one solvent surety of the like amount to the satisfaction

of concerned Trial Court for their appearance before the Principal

Registrar of this Court on 20th June, 2022 and on such further dates as

may be fixed by the office in this regard till disposal of the appeal.

A copy of this order be sent to learned Special Judge (NDPS Act),

Morena for information.

Certified copy as per rules.

YOGENDRA                                    (Deepak Kumar Agarwal)
OJHA
2022.02.21
                                                  Judge
01:45:57 ojha
+05'30'