Madhya Pradesh High Court
Laxman Singh vs The State Of Madhya Pradesh on 22 March, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
CRA No. 577 of 2022
(LAXMAN SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 22-03-2022
Shri D. K. Shukla, learned counsel for the appellant.
Shri Chandrapal Singh Parmar, learned Government Advocate for the
respondent/ State.
Learned counsel for the parties are heard on I.A. No.3420/2022, an
application under Section 389(1) of Cr.P.C. for suspension of Sentence and grant
of bail.
Appellant has been convicted by Special Judge (N.D.P.S. Act), Satna, for
commission of offence under Section 8(C) r/w Section 20(a)(i) of the N.D.P.S.
Act and has been sentenced to 2 years R.I. and fine of Rs.5000/-.
Learned counsel for the appellant has taken me through the evidence of
prosecution witnesses, Pushpendra Singh (P.W.1), Rajkumar Prajapati (P.W.3), Jai
Singh (P.W.4), Devraj Prajapati (P.W.5), Ramkey Chourasiya (P.W.6), Chote
Verma (P.W.7) and R. K. Jaiswal (P.W.12).
P.W.5- Devraj Prajapati in his cross examination has admitted that the place
shown in Red colour in Exhibit P/6 is not in exclusive possession of the appellant
Laxman Singh and it is in joint possession of Brijbhan Singh and Laxman Singh.
He has further admitted that the place which has been shown in Blue ink, is also of
the joint possession. He has admitted that in report he has not shown as to in
which survey number, ganja plant had grown. Prosecution witness - Pushpendra
Singh (P.W.1) a Police Constable has been declared hostile. Although Police
witnesses have stated that 9 ganja plants were found growing in the courtyard of
Laxman Prasad but as per the evidence of Devraj Prajapati (P.W.5) Patwari,
courtyard was in joint possession of Brijbhan Singh and Laxman Singh. Appellant
is in jail and has undergone almost more than four months of jail sentence.
Learned counsel further contended that he has fair chances in succeeding the
appeal as there is no cogent and reliable evidence against him. Therefore, he has
Signature Not Verified
prayed that jail sentence of the appellant be suspended and he be released on bail
SAN
pending this appeal. He further contended that appellant is more than 65 years of
Digitally signed by DEEPA MISHRA
Date: 2022.03.23 17:07:42 IST
age. He is first offender. Therefore, he be released on bail.
On the other hand learned Government Advocate has opposed the
suspension of jail sentence and grant of bail to the appellant.
On a perusal of the Trial Court record and impugned judgment, it is revealed
that appellant has been convicted for commission of offence as aforementioned by
learned Trial Court and has been sentenced to 2 years R.I. and fine of Rs.5000/-.
As appellant has already undergone more than 4 months jail sentence and he is
more than 65 years old man and P.W.5 Patwari Devraj Prajapati in his cross
examination has admitted that courtyard in which ganja plants were found grown
was not in the exclusive possession of appellant/ accused.
Having considered all the above arguments, short period of sentence and
evidence of prosecution witnesses, I am inclined to release the appellant on bail.
Accordingly, aforesaid I.A.No.3420/2022 is allowed. The execution of jail
sentence of appellant-Laxman Singh is hereby suspended subject to depositing
the fine amount, (if not already deposited). It is directed that the appellant be
released on bail on his furnishing a personal bond to a sum of Rs.50,000/-
(Rupees Fifty thousand only) with one solvent surety of the like amount to the
satisfaction of the trial court with a further direction to appear before the Registry
of this Court on 05.09.2022 and also on such other dates, as may be fixed by the
Registry in this regard during the pendency of this appeal.
List the case for final hearing in due course as per listing policy.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
Signature Not Verified
SAN
Digitally signed by DEEPA MISHRA
Date: 2022.03.23 17:07:42 IST
