Bherulal vs The State Of Madhya Pradesh
2023 Latest Caselaw 6115 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 7640 of 2022
                                               (BHERULAL Vs THE STATE OF MADHYA PRADESH)



                           Dated : 17-04-2023
                                 Shri Sanjay Kumar Sharma, learned counsel for the appellant.

                                 Ms. Bhagyashree Gupta, learned G.A for the respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing. Also heard on I.A No.12696/2022, which is first application under

Section 389 of Cr.P.C for suspension of sentence filed on behalf of appellant.

The appellant has been convicted and sentenced as under:-

Imprisonment Fine if Section Act Imprisonment in default of deposited fine 8(c)/18(b) NDPS 10 years R.I Rs.1,25,000/- 1 year R.I Counsel for the appellant submits that the appellant has already undergone more than 50% of the actual jail sentence, hence, the present appellant be granted the benefit of suspension of sentence. In support of his submissions, he has placed reliance on 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) 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 Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 18-04-2023 11:06:31

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

Counsel for the State opposes the prayer on the ground that the contraband seized from the appellant and the co-accused person is more than commercial quantity.

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.12696/2022 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 two solvent sureties 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

Pramod

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 18-04-2023 11:06:31