Madhya Pradesh High Court
Shriram Vishwakarma vs The State Of Madhya Pradesh on 25 April, 2023
Author: Arun Kumar Sharma
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 34 of 2020
(SHRIRAM VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)
Dated : 25-04-2023
Shri R.P. Yadav - Advocate for the appellant.
Shri Teekaram Kurmi - Panel Lawyer for the State.
Heard on I.A.No.20190/2021, repeat (second) application filed by the
appellant / accused for suspension of his jail sentence awarded by the Court of
Special Judge (NDPS) Act, Anuppur in Special Case No.06/2015 vide its
judgment dated 05.11.2019 convicting the appellant / accused under Section 20
(B)(ii)(C) of Narcotic Drugs and Psychotropic Substance Act, 1985 and
sentencing him to undergo RI for 10 years along with fine of Rs.1,00,000/- with
default stipulation as mentioned in the impugned judgment.
Earlier application for suspension of jail sentence and grant of bail has
been rejected by this Court, vide order dated 24/03/2021.
The allegation against the appellant is that on 10/12/2014 about 38 kg and
80 gm Ganja have been recovered from the joint possession of the
appellant and other co-accused.
Learned counsel for the appellant submits that he is in custody since the
date of judgment. He submits that Section 42(2) and Section 50 are not
complied by the Police. The appellant has falsely implicated in this case.
There is a possibility that the sample was tempered in the Malkhana of Police
Station. He further submits that there are fair chances of success of this appeal.
The appellant has already suffered more than half of jail sentence till now and
there is no likelihood of early hearing of the appeal in near future and if the
custodial sentence of the appellant is not suspended, then the appeal filed by
Signature Not Verified
Signed by: VINAY KUMAR
VERMA
Signing time: 4/25/2023
6:12:11 PM
him may turn infructuous. The appellant is ready to deposit entire fine amount.
Under these change of circumstances, learned counsel for the appellant prays
for suspension of jail sentence and grant of bail to the appellant.
Learned Counsel for the State has opposed the application and
prays for its rejection.
Having considered the arguments advanced by learned counsel for the
parties and looking to the fact that the appellant has already suffered more than
half of the custodial sentence awarded to him and he is ready to deposit the
entire fine amount, IA No. 20190/2021 is allowed.
It is ordered that subject to payment of entire fine amount, if not already
deposited, the execution of jail sentence of the appellant Shriram Vishwakarma
shall remain suspended during the pendency of this appeal and he be released
on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one
surety in the like amount to the satisfaction of the trial Court for his appearance
before the Registry of this Court on 19.06.2023 and on other subsequent dates
as may be fixed by the Registry in this regard.
The appeal be listed for final hearing in due course as per listing policy.
C.C. as per rules.
(ARUN KUMAR SHARMA)
JUDGE
vkv /-
Signature Not Verified
Signed by: VINAY KUMAR
VERMA
Signing time: 4/25/2023
6:12:11 PM
