Shambhulal vs The State Of Madhya Pradesh
2022 Latest Caselaw 3403 MP

                                                   1                                     CRA No.10857/2019



                    High Court of Madhya Pradesh, Jabalpur
                                Bench at Indore
               Criminal Appeal No.10857/2019
Indore, Dated 10.03.2022
        Shri Praveer Porwal, learned counsel for appellant No.2 Chhotu s/o

Shambhu Bhil.

        Shri Bhaskar Agrawal, learned Government Advocate for the

respondent / State of Madhya Pradesh.

Heard on IA No.2833/2022, 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

Additional Sessions Judge (under NDPS Act), Bhanpura, District Mandsaur

(MP) in Special Sessions Trial No.08/2015 vide judgment dated 23 rd

November, 2019, as under: -

                 Conviction                            Sentence
    Section           Act       RI       Fine amount      Imprisonment in lieu of fine
   8 (A) r/w       NDPS Act   07 years   Rs.50,000/-        6 months Additional RI
   20 (B) (ii)
      (B)

As per the prosecution case, the appellant was found in possession of

10.350 kilograms of Ganja (xkatk), commercial quantity of which is 20

kilograms.

Learned counsel for the appellant has submitted that the appellant is

lodged in jail since last around three years and one month and the sentence

awarded to him is seven years.

Counsel has further submitted that the contraband which has been

seized from the appellant is 10.350 kilograms of ganja which is less than

around half of the commercial quantity which is 20 kilograms and there are

no other criminal antecedents of the appellant.

Counsel for the respondent / State, on the other hand, has opposed the

prayer.

Having considered the rival submissions and on perusal of the record

as also taking note of the fact that the contraband seized (which is 10.350

kilograms) and the commercial quantity is 20 kilograms, this Court is

inclined to allow the present application.

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

IA No.2833/2022 is allowed, subject to depositing the fine and on

furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees two lakh

only) with a local 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 11.05.2022 and on all such

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

It is made clear that after being released on bail, if the appellant again

indulges himself / herself in any criminal activity, the present bail order

shall stand cancelled without further reference to the Court and the police

shall be entitled to arrest the appellant in the present case also.

It is also observed that this order shall not be treated as precedence.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.03.10 17:11:21 +05'30'