Manoj Alias Bholu vs The State Of Madhya Pradesh
2023 Latest Caselaw 5844 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 871 of 2022 (MANOJ ALIAS BHOLU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 11-04-2023 Shri Ghanshyam Pandey - Advocate for the appellants.

Shri Aditya Choubey - Government Advocate for the State.

Heard on admission.

Admit.

Heard on I.A. No.21614/2022, which is third application for suspension

of sentence and grant of bail filed on behalf of appellant No. 2 Suresh. His first application was dismissed on merit vide order dated 22.3.2022 and second application was dismissed as withdrawn vide order dated 23.6.2022.

Appellant No.2 Suresh has been convicted by the trial Court under Section Section 20(B) (II)(C) of the NDPS Act and sentenced to undergo R.I. for 10 years with fine of Rs.1,00,000/- with default stipulation.

Learned counsel for the appellants has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting appellant No.2 for the aforesaid offence. Jail

sentence of co-accused Lavkesh Gupta @ Monu has already been suspended by a coordinate Bench of this Court vide order dated 18.11.2021 passed in Criminal Appeal No. 6609 of 2019 and jail sentence of Ravendra @ Nanu Sharma has been suspended by coordinate Bench vide order dated 3.12.2019 passed in Criminal Appeal No. 6163 of 2019. Case of appellant No. 2 is similar to them. Appellant No. 2 remained is in custody from 12.4.2019 to 19.1.2020, Signature Not Verified SAN

31.1.2020 to 2.6.2020 and 30.9.2020 to 9.1.2021 and there after from the date Digitally signed by PRADYUMNA BARVE Date: 2023.04.11 18:40:23 IST

of judgment i.e. 23.12.2021 and there is a bleak possibility of disposal of this

appeal in near future, hence jail sentence of appellant No. 2 may be suspended and he may be released on bail.

Learned Government Advocate has opposed the application. I have heard learned counsel for the parties. Earlier application of appellant No. 2 was dismissed on the ground that he was absconding since long.

Considering the facts and circumstances of the case, the fact that jail sentence of similarly placed co-accused persons have already been suspended by coordinate Bench of this Court and case of appellant No. 2 is similar to them and period of custody of appellant No.2, without commenting on the

merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon appellant No.2 Suresh shall remain suspended during the pendency of this case and he shall be released on bail.

Appellant No. 2 shall appear before the trial Court concerned on 5.9.2023 and on all such subsequent dates, as may be fixed in this regard during the pendency of this case, without fail.

List for final hearing in due course.

Certified copy as per rules.

(SMT. ANJULI PALO) Signature Not Verified SAN JUDGE Digitally signed by PRADYUMNA BARVE Date: 2023.04.11 18:40:23 IST PB