Madhya Pradesh High Court
Insaaf Ali vs The State Of Madhya Pradesh on 24 April, 2023
Author: Vijay Kumar Shukla
1
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.6098 OF 2018
(Insaf Ali and Others vs The State of Madhya Pradesh)
Indore, Dated 24.04.2023
Mr. Rituraj R. Bhatnagar, counsel for the appellants.
Mr. Ajay Raj Gupta, counsel for the respondent/State.
Heard on IA No.5511/2023 which is second application
under Section 389 (1) of Criminal Procedure Code, 1973, for
suspension of jail sentence of appellant - Insaf Ali S/o Abdul
Sattar 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 Narcotic Drugs and Psychotropic Substances Act,
1985 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 1.9 kilograms of
Opium is alleged to have been seized from the possession of the
appellant and vehicle belongs to own.
It is submitted that the statutory provisions have not been
followed and the appellant has a good case on merit as well. The
jail sentence of co-accused Lokendra Singh in Criminal Appeal
No.8912 of 2018 has been suspended. It is further submitted that
the appellant has already undergone jail sentence of five years six
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.6098 OF 2018
(Insaf Ali and Others vs The State of Madhya Pradesh)
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 dated 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 MP 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
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.6098 OF 2018
(Insaf Ali and Others vs The State of Madhya Pradesh)
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, application IA No.5511/2023 is allowed.
It is directed that substantive jail sentence of appellant shall
be suspended subject to his depositing the fine amount (if not
already deposited) and on furnishing a personal bond in the sum of
Rs.1,00,000/-(Rupees One Lakh) with one local solvent surety of
like amount to the satisfaction of trial Court for his appearance
before the Registry of this Court on 28.08.2023 and on all other
subsequent dates as may be fixed by the Registry in this behalf.
Accordingly, application IA No.5511/2023 stands disposed of.
Certified copy as per Rules.
(VIJAY KUMAR SHUKLA)
JUDGE
Arun/-
Digitally signed by ARUN NAIR
Date: 2023.04.25 11:07:35
+05'30'
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.6098 OF 2018
(Insaf Ali and Others vs The State of Madhya Pradesh)
