Neelkamaldas @ Kamaldas vs The State Of Madhya Pradesh
2023 Latest Caselaw 6072 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 3480 of 2021 (NEELKAMALDAS @ KAMALDAS 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 I.A No.1327/2023, which is first application under Section 389(1)

of Cr.P.C for suspension of jail sentence of appellant Neelkamaldas @ Kamaldas.

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

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

stipulation.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implication in the present case. There is material contradictions and omissions in the statements of the prosecution witnesses and the learned trial Court has convicted the appellant without considering the same. It is further submitted that the appellant was neither the driver nor the registered owner of the vehicle and he was sitting in the same as a passenger.

It is further submitted that the appellant has been awarded 10 years of jail sentence out of which the appellant has already been completed more than 5 years and 4 months of his jail sentence. At this stage, suspension of jail sentence has been sought by submitting that the final hearing of this appeal is not possible in near future. Hence, remaining jail sentence of the appellant be suspended.

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. Signature Not Verified Signed by: SOURABH YADAV Signing time: 13/04/2023 5:04:55 PM

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)

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.1327/2023 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