Lokendra Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 6071 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 8912 of 2018 (LOKENDRA SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 13-04-2023 Shri Abhay Saraswat, learned counsel for the appellant.

Shri H.S. Rathore appearing on behalf of Advocate General.

Heard on IA No.906/2023, which is second application under Section 389(1) of Cr.P.C for suspension of jail sentence of appellant Lokendra Singh on the

ground that he has already undergone 50% of the actual jail sentence.

The present appellant has been convicted under Section 8(c)/18(B) of NDPS

Act and sentenced to undergo 10 years RI with fine of Rs.1,00,000/- with default

stipulation.

As per prosecution case, it is alleged that 3 Kg. poppy straw is alleged to have

been seized from the possession of the appellant.

It is submitted that the statutory provisions have not been followed and the

applicant has a good case on merits as well.

It is further submitted that the applicant has already undergone jail sentence of

5 years 6 months RI and thus, he has undergone more than 50% of the actual jail

sentence awarded to him. The final hearing of the appeal is likely to take time.

Counsel for the State opposes the prayer for grant of bail mainly on the ground

that the alleged seized quantity is commercial quantity.

Counsel for the appellant in support of his submissions, placed reliance in

judgments 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], wherein, 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) Signature Not Verified Signed by: SOURABH YADAV Signing time: 13/04/2023 5:04:55 PM

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. The decision of Division Bench of this Court in the case of Sanjay vs.

State of Madhya Pradesh (Criminal Appeal No.104 of 2015 dated 17.01.2022)

after relying on the judgment passed by the Apex Court in the case of Thana

Singh vs. Central Bureau of Narcotics passed in Civil Appeal No.1640/2010

dated 30.08.2010 held that if the period of custody has been undergone by the

accused for more than 50% of the sentence i.e. Awarded then the application for

suspension of sentence may be considered on the said ground.

After hearing learned counsel for the parties and taking into consideration the

aforesaid judgments passed by the Apex Court, it would be appropriate to suspend

the jail sentence of the appellant.

Accordingly, I.A No.906/2023 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: 13/04/2023 5:04:55 PM