Narayan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 6586 MP

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   HIGH COURT OF MADHYA PRADESH AT INDORE
            CRIMINAL APPEAL NO.3589 OF 2023
             (Narayan Singh vs The State of Madhya Pradesh)


Indore, Dated 24.04.2023
      Mr. Gourav Shrivastava, counsel for the appellant.
      Mr. Ajay Raj Gupta, counsel for the respondent/State.

Heard on IA No.5434/2023 which is first application under Section 389 of Criminal Procedure Code, 1973, for suspension of jail sentence of appellant - Narayan Singh S/o Shree Gangaram Sondhiya who has been convicted by the Court of learned Special Judge, NDPS Act, 1985, Shajapur (MP) in Special Sessions Trial No.17/2017 vide judgment dated 27.02.2023 and has been sentenced him as under:

              Conviction                             Sentence
     Section & Act     Imprisonment        Fine       Imprisonment in
                                          Amount        lieu of fine
      Section 8c r/w    02 years RI       20,000/-       06 months
     15(b) NDPS Act,                                    additional RI
           1985.

Counsel for the appellant submits that as per prosecution case, from the possession of appellant, 7.5 kilograms of poppy- straw is alleged to have been seized. It is submitted that the aforesaid quantity is non-commercial quantity. The appellant was on bail during trial and did not misuse the liberty so granted to

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.3589 OF 2023 (Narayan Singh vs The State of Madhya Pradesh)

him. No minimum sentence is prescribed for the offence for which the appellant had been convicted. The final hearing of the appeal is likely to take time. With these submissions, suspension has been sought.

Counsel for the State opposes the prayer for grant of bail. After hearing learned counsel for the parties and taking into consideration the fact the alleged seized quantity is less than the commercial quantity and no minimum jail sentence is prescribed under the said Act. The appellant was on bail during trial and did not misuse the liberty so granted to him and the final hearing of appeal is likely to take time, it would be appropriate to suspend the jail sentence of the appellant. Accordingly, application IA No.5434/2023 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 29.08.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf.

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.3589 OF 2023 (Narayan Singh vs The State of Madhya Pradesh)

Accordingly, application IA No.5434/2023 stands disposed of.

List the appeal for final hearing in due course. Certified copy as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE Arun/-

Digitally signed by ARUN NAIR Date: 2023.04.25 11:07:18 +05'30'

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.3589 OF 2023 (Narayan Singh vs The State of Madhya Pradesh)