Rashid vs The State Of Madhya Pradesh
2023 Latest Caselaw 5879 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 5057 of 2019
                                                 (RASHID Vs THE STATE OF MADHYA PRADESH)



                           Dated : 11-04-2023
                             Shri Akash Rathi - Advocate for the appellant.

                             Shri Kapil Mahant - Panel Lawyer for the respondent/state.

Heard on IA No.3747/2023, which is fifth application for suspension of sentence of jail sentence.

The appellant has been convicted u/S 8/18 of the NDPS Act and sentenced to

undergo RI for 8 years with fine of Rs.50,000/- with default stipulation.

As per the prosecution case, it is alleged that 1.470 kg of opium was recovered from the possession of the applicant.

Learned counsel for the appellant submits that the appellant has already undergone 50% of the jail sentence and the appeal is likely to take time.

Learned counsel for the respondent/state has opposed the prayer. Counsel for the appellant in support of his submissions has placed reliance on a recent judgment passed by the Apex Court in the case of Mohammad Muslim @ Hussain vs. State (NCT of Delhi) [Criminal Appeal

No. 943/2023, dtd. 28.03.2023]. It is submitted that in the said case, the Apex Court has taken into consideration the earlier judgment passed by the Apex Court in the case of State of M.P. vs. Kajad (2001) 7 SCC 673 and also the judgment passed by the Apex Court in the case of Union of India vs. Ratan Malik (2009) 2 SCC 624 and thereafter enlarged the accused on bail.

After hearing learned counsel for the parties and taking into consideration the judgment passed by the Apex Court in the case of Mohammad Muslim @ Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/04/2023 6:06:40 PM

Hussain (supra), it would be appropriate to suspend the jail sentence of the appellant.

Accordingly, I.A No.3747 of 2023 filed on behalf of appellant is allowed. The appellant be enlarged on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety of the same amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 28.08.2023 and thereafter, on such other subsequent dates as may be fixed in that behalf.

CC as per rules.

(VIJAY KUMAR SHUKLA) JUDGE

Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/04/2023 6:06:40 PM