Jitendra Hirve vs The State Of Madhya Pradesh
2023 Latest Caselaw 6324 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 7290 of 2021 (JITENDRA HIRVE Vs THE STATE OF MADHYA PRADESH)

Dated : 19-04-2023 Shri Abhay Saraswat, learned counsel for the appellant.

Shri Mukesh Sharma appearing on behalf of Advocate General. Heard.

Admit.

heard on IA No.29326/2021, which is first application for grant of

suspension of jail sentence on behalf of appellant.

The appellant has been convicted under section 22(c) r/w 8(c) of the NDPS Act and sentenced to undergo RI for 10 years with fine of Rs.1,00,000/- with default stipulations.

As per the prosecution case, on the secret information, it was found that one person was standing with Alprazolam tablets.

It is alleged that 10800 tablets of Becalm 0.5 becam 0.5 alprazolam tablets each tablet is of 100 ml thus total quantity of seized Alprazolam tablets is 1080 grams has been seized from the possession of the appellant.

Learned counsel for the appellant submits that appellant has already undergone 50% of actual jail sentence of 10 years RI.

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, 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 Signature Not Verified Signed by: SOURABH YADAV Signing time: 20/04/2023 10:11:17 AM

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 the accused is more than 50% of the sentence i.e. awarded, then the application 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.

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.29326/2021 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: 20/04/2023 10:11:17 AM