Sandeep vs The State Of Madhya Pradesh
2023 Latest Caselaw 5861 MP

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   HIGH COURT OF MADHYA PRADESH AT INDORE
           CRIMINAL APPEAL NO.2287 OF 2023
             (Sandeep vs The State of Madhya Pradesh)


Indore, Dated 11.04.2023
     Mr. Vikas Jain, counsel for the appellant.
     Mr. Kapil Mahant, counsel for the respondent/State.

Heard on IA No.2236/2023 which is first application under Section 389 (1) of Criminal Procedure Code, 1973, filed on behalf of sole appellant - Sandeep S/o Subhashchandra Sharma who has been convicted by learned 05th Additional Sessions Judge/Special Judge, NDPS, District - Mandsaur (MP) in Special Case No.17/2013 vide judgment dated 31.01.2023 and has been sentenced him as under:

              Conviction                           Sentence
     Section & Act   Imprisonment        Fine       Imprisonment in
                                        Amount        lieu of fine
     8/18(C) NDPS    01 year RI &       10,000/-      02 months RI
       Act, 1985.    06 months RI

As per prosecution story, it is alleged that from the possession of present appellant and co-accused, 50 grams of Opium has been seized.

Counsel for the appellant submits that the aforesaid quantity of contraband seized is less than the commercial

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.2287 OF 2023 (Sandeep vs The State of Madhya Pradesh)

quantity. The appellant was on bail during trial and he has not misuse the liberty so granted to him. There is no likelihood of early hearing of this appeal in near future. With these submissions, suspension has been sought.

Per contra, counsel for the State supports the impugned order of conviction and sentence and prays for rejection of the same.

After hearing learned counsel for the parties and taking into consideration the fact that the seized quantity of alleged contraband is less than the commercial quantity and that there is no likelihood of early hearnig of this appeal in near future, without expressing anything on merits of the case, the application IA No.2236/2023 is being allowed.

It is directed that substantive jail sentence of appellant shall be suspended subject to his 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 local solvent surety of like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.2287 OF 2023 (Sandeep vs The State of Madhya Pradesh)

18.08.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf. Accordingly, application IA No.2236/2023 stands disposed of.

Record has been received.

List the appeal for final hearing in due course. Certified copy as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

Arun/-

Digitally signed by ARUN NAIR Date: 2023.04.12 11:21:28 +05'30'

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.2287 OF 2023 (Sandeep vs The State of Madhya Pradesh)