Anil Kumar Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 4181 MP

                                                                          1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                  CRA No. 6289 of 2021
                                                       (ANIL KUMAR PATEL Vs THE STATE OF MADHYA PRADESH)

                                    Dated : 25-03-2022
                                          Shri Sandeep Jain, learned counsel for the appellant.

                                          Shri A.D. Bajpai, learned Panel Lawyer for the respondent/State.

IA. No.1823/2022, first application u/S.389 of Cr.P.C. for suspension of sentence moved on behalf of appellant- Anil Kumar Patel, is taken up and considered along with reply of the State.

This criminal appeal assails the judgment dated 27.09.2021 passed in

SCNDPS Case No.4/2015 by Special Judge, Anuppur (M.P.), whereby appellant has been convicted u/S.20-B (ii)(c) r/w 25 of NDPS Act and sentenced to undergo R.I. for 12 years with fine of Rs.1,20,000/- with default stipulations.

Learned counsel for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for suspension of sentence is made out.

Learned counsel for appellant at the very outset places reliance on order dated 21.01.2022 passed in Cr.A. No.6653/2021, wherein co-convicted person Vinod Kumar Rathore has been extended benefit of suspension of sentence.

It is not disputed that the said co-convicted person Vinod Kumar Rathore was driver of the vehicle in which narcotic drug was found, while appellant Anil Kumar Patel is the registered owner of the said vehicle, who was not present at the scene of crime.

It is also not disputed that appellant was arrested and convicted based on confessional statement recorded u/S.27 of Indian Evidence Act of said co- convicted person Vinod Kumar Rathore, which in turn did not lead to any discovery of any implicative material.

Looking to the aforesaid and the fact that the complicity of appellant is not of graver nature than the complicity found to be proved in respect of co-convicted Vinod Kumar Rathore, this Court without entering into the merits of the matter is Signature Not Verified SAN inclined to grant bail to appellant by way of suspension of sentence. Hence, IA. No.1823/2022 is allowed.

Digitally signed by SATEESH KUMAR SEN Date: 2022.03.26 12:58:39 IST

It is directed that jail sentence of appellant- Anil Kumar Patel will remain under suspension subject to deposit of fine amount, if not already deposited, and on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of Trial Court for his

appearance before concerned CJM on 13.05.2022 and on such further dates as may be fixed in this regard which shall be of frequency not less than once a year.

In case, appellant is found absent on any date fixed by the concerned CJM, then concerned CJM shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

Learned concerned CJM and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. as well as the State Govt. during release, travel and residence of the appellant during period of suspension of sentence as a consequence of this order.

A copy of this order be sent to the trial Court concerned for compliance. C.c. as per rules.

                                       (SHEEL NAGU)                                             (MANINDER S BHATTI)
                                           JUDGE                                                      JUDGE

                                    Sateesh




Signature Not Verified
  SAN




Digitally signed by SATEESH KUMAR
SEN
Date: 2022.03.26 12:58:39 IST