Kamlesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 6247 MP

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                                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                                       AT INDORE
                                                                         CRA No. 9879 of 2022
                                                                  (KAMLESH Vs THE STATE OF MADHYA PRADESH)

                                            Dated : 18-04-2023
                                                  Shri S.K. Meena, learned counsel for the appellant.

                                                  Shri Kapil Mahant, learned PL for respondent/State.

Heard on I.A No.16066 of 2022 which is first application under Section 389 of Cr.P.C for suspension of jail sentence of appellant Kamlesh.

2) The present appellant has been convicted under Section 8(C)/15(C) of NDPS Act and sentenced to undergo 10 years RI with fine of Rs.1,00,000/-

with default stipulation.

3) As per prosecution case, 4 quintal 21 kg. poppy straw is alleged to have been seized from the possession of the appellant.

4) Counsel for the appellant submits that the appellant has already undergone jail sentence more than 50% of the actual jail sentence awarded to him. The final hearing of the appeal is likely to take time.

5) Counsel for the State opposes the prayer for grant of bail mainly on the ground that the alleged seized quantity is commercial quantity.

6) Counsel for the appellant in support of his submissions, has placed

reliance on the Division Bench judgment of this Court in the case of Sanjay vs. State of Madhya Pradesh (Criminal Appeal No.104 of 2015 dated 17.01.2022) wherein 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 undergone by Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI the accused is more than 50% of the sentence i.e. awarded, then the application Date: 2023.04.19 11:19:35 IST

for suspension of sentence may be considered on the said ground. He has also

placed reliance on the 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], wherein, the Apex Court has taken into consideration the earlier judgments passed by the Apex Court in the case of State of M.P. vs. Kajad (2001) 7 SCC 673 and also the judgment passed in the case of Union of India vs. Ratan Malik (2009) 2 SCC 624 and thereafter enlarged the accused on bail on completion of 50% of the actual jail sentence.

7) 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.

8) Accordingly, I.A No.16066 of 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 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

soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2023.04.19 11:19:35 IST