Dinesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3331 MP

                                                                                               CRA No.1466/2022
                                            1

                 High Court of Madhya Pradesh, Jabalpur
                             Bench at Indore
               Criminal Appeal No.1466/2022
Indore, Dated 09.03.2022
       Shri Vikas Jain, learned counsel for appellant Dinesh s/o Shri

Mangilal Kumawat.

       Shri Mukesh Kumawat, learned Government Advocate for the

respondent / State of Madhya Pradesh, on advance notice.

Heard on IA No.2559/2022, first application under Section 389 (1) of

the Code of Criminal Procedure, 1973 for suspension of jail sentence and

grant of bail filed on behalf of the appellant.

The present appellant has been convicted and sentenced by learned

Special Judge (NDPS Act), Mandsaur District Mandsaur (MP) in Special

Sessions Trial No.02/2012 vide judgment dated 31.01.2022, as under: -

              Conviction                             Sentence
    Section            Act             RI       Fine amount     Imprisonment in lieu of fine
   8 r / w 18 NDPS Act       3 years        Rs.50,000/-         6 months RI
   (C)

Counsel for the appellant has submitted that the appellant was

arrested on 23.12.2011 and after that, he was in jail up to 17.07.2012

including police custody and thereafter from the date of the impugned

judgment he is in jail, and as such, he has suffered incarceration for more

than eight months.

It is further submitted that from the possession of the appellant a non-

commercial quantity of 1.370 kilograms of opium has been seized. It is

submitted that there is a violation of mandatory provisions Section 50, 42

(2) and 55 of the Narcotic Drugs & Psychotropic Substances Act, 1985 CRA No.1466/2022

(herein after referred to as the Act) and the prosecution witnesses have not

supported the case of the prosecution and turned hostile. Counsel has also

submitted that there is material contradiction, omissions and discrepancies

in the testimony of the witnesses.

Hence, it is prayed that application for suspension of jail sentence be

allowed.

Per contra, learned Panel Lawyer for the respondent / State has

opposed the prayer for suspension of jail sentence and prays for its

rejection.

Having considered the rival submissions and on perusal of the record

as also the evidence brought on record in the present case, this Court is of

the opinion that the application for suspension of jail sentence filed on

behalf of the appellant deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case,

IA No.2559/2022 is allowed, subject to depositing the fine amount, if any,

and it is directed that on furnishing a personal bond by the appellant in the

sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in

the like amount to the satisfaction of the learned trial Court, for his / her

regular appearance before concerned trial Court, the execution of the

custodial part of the sentence imposed against the appellant (s) shall remain

suspended, till the final disposal of this appeal.

The appellant (s), after being enlarged on bail, shall mark his / her

presence before the concerned trial Court on 11.07.2022 and on all such CRA No.1466/2022

subsequent dates, as may be fixed by the concerned Court in this regard.

In the meanwhile, let the original record (physical) of the case from

the concerned trial Court be requisitioned.

Let the matter be listed on admission.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.03.09 16:50:04 +05'30'