Samrath vs The State Of Madhya Pradesh
2023 Latest Caselaw 6583 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                       CRA No. 2515 of 2022
                                                 (SAMRATH Vs THE STATE OF MADHYA PRADESH)



                           Dated : 24-04-2023
                              Shri Vikas Jain - Advocate for the appellant.

                              Shri H.S. Rathore - Govt. Advocate for the respondent/State.

Heard on I.A No.5602 of 2023, which is first application under Section 389(1)

of Cr.P.C for suspension of jail sentence of appellant Samrath.

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.

As per prosecution case, from the appellant and co-accused persons, 8 kg 200

gm Opium was recovered from Dicky of car.

Counsel for the appellant submits that the appellant was neither driver nor

owner of the vehicle. He was not having conscious possession of the said

contraband.

It is further submitted that out of 10 years imprisonment, he has already

undergone actual jail sentence of 7 years. Final hearing of the appeal is likely to

take time.

Counsel for the State opposes the prayer on the ground that the quantity of the

contraband is commercial quantity.

In support of his submissions, counsel for the appellant has placed reliance on a

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]. It is submitted that in the said case, the Apex Court has taken into

consideration the earlier judgment passed by the Apex Court in the case of State Signature Not Verified Signed by: SOURABH YADAV Signing time: 24/04/2023 5:49:41 PM

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.

After hearing learned counsel for the parties and taking into consideration that

the contraband was recovered from the Dicky of the car and the appellant was

neither driver nor owner of the vehicle, further, the appellant has already

undergone jail sentence of actual 7 years out of 10 years imprisonment, I am of

the view that the appellant is entitled for grant of bail.

Accordingly, I.A No.5602 of 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: 24/04/2023 5:49:41 PM