Ram Pal Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3492 MP

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                                                The High Court Of Madhya Pradesh
                                                         CRA No. 2160 of 2011
                                                          (RAM PAL SINGH Vs THE STATE OF MADHYA PRADESH)

                                   Jabalpur, Dated : 11-03-2022
                                            Shri Ratnesh Patel, counsel for the appellant.

                                            Shri Akhilendra Singh, Govt. Advocate for the respondent/State.

Heard on I.A. No.21962/2021, which is eighth application u/S.389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellant Ram Pal Singh.

The first, second, third & fifth applications have been dismissed on merits

vide orders dated 14/12/2012, 26/4/2013, 15/4/2015, 28/8/2018, fourth application has been dismissed for want of prosecution vide order dated 22/9/2017 and six and seventh applications have been dismissed as withdrawn vide orders dated 16/5/2019 & 6/11/2020 This appeal has been preferred against the judgment dated 19/8/2011 passed by Special Judge (NDPS Act) Satna (M.P.) in S.T.No.42/2009 whereby learned Special Judge found appellant guilty for the offence punishable under Section 20(b)(ii)(c) of NDPS Act and sentenced him to undergo R.I. for 14 years with fine of Rs.1,00,000/- with default stipulation.

Learned counsel for the appellant submitted that the trial court without appreciating the evidence properly wrongly convicted the appellant for the aforesaid offence. The appellant has been in custody since the date of judgment i.e., 01/08/2008. Hence prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal will take time.

O n the other hand, learned counsel for the State opposed the prayer and submitted that from the evidence of prosecution guilt of the appellant is clearly proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellant.

Earlier first, second, third & fifth applications have been dismissed on merits vide orders dated 14/12/2012, 26/4/2013, 15/4/2015, 28/8/2018, thereafter there has Signature Not Verified SAN been no change in circumstance. So, this Court is not inclined to suspend the jail Digitally signed by VARSHA SINGH Date: 2022.03.11 17:50:23 IST sentence of the appellant.

Accordingly, I.A. No.21962/2021 is rejected.

Matter has already been admitted, so it be listed for final hearing in due course.

                                        (RAJEEV KUMAR DUBEY)                                 (VIRENDER SINGH)
                                                JUDGE                                             JUDGE

                                   VS




Signature Not Verified
  SAN




Digitally signed by VARSHA SINGH
Date: 2022.03.11 17:50:23 IST