Madhya Pradesh High Court
Rahul Tiwari vs The State Of Madhya Pradesh on 4 August, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5577 of 2021
(RAHUL TIWARI Vs THE STATE OF MADHYA PRADESH)
Dated : 04-08-2023
Mr. Ghanshyam Pandey - Advocate for the appellant.
Mr. Yogesh Dhande - Government Advocate for the respondent/State.
Heard on I.A. No. 1708/2023, second repeat application under Section
389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail
to appellant-Rahul Tiwari arising out of judgment dated 12.08.2021 delivered in
S.C No.300019/2016 passed by Special Judge, NDPS, Act, District-Shahdol.
His first application was dismissed as withdrawn vide order dated
23.08.2022.
The appellant has been convicted under Section 20(b)(II)(c) of N.D.P.S.,
Act and sentenced to undergo R.I. for 12 years with fine of Rs.1,00,000/- with
default stipulations.
At the outset, learned counsel for the appellant submits that the appellant
has been convicted under Section 20(b)(II)(c) of N.D.P.S., Act and sentenced
to undergo R.I. for 12 years and he has already served more than 7 years in jail
and there is no likelihood of appeal being heard finally in near future, therefore,
relying on Man Singh Vs. Union of India (UOI), Cr.A.No.1057/2010
(Samvaiya and another Vs. State of M.P.) passed on 03.11.2015,
Shahejadkhan Mahebubkhan Pathan Vs. State of Gujarat, (2013) 1 SCC
570, Mohd. Rahees Vs. State of M.P., passed in Cr.A.No.126/2018 order
dated 19.07.2023, Rajkishore Patel Vs. State of M.P., passed in
Cr.A.No.3168/2021 dated 12.5.2023 and Laxmi Narayan Patel Vs. State
of M.P., passed in Cr.A.No.2561/2018 order dated 12.6.2023 submits that
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 8/8/2023
9:55:29 AM
in view of the law laid down in above cases, jail sentence of the appellant be
suspended and he be released on bail.
It is also submitted that vide seizure memo (Ex.P/15) only car has been
recovered from him and no contraband has been recovered from him and
seizure memo (Ex.P/16) shows that said contraband has not been recovered
from the car. Learned counsel for the appellant after referring to evidence of
Investigating Officer and to various documents prepared by him on the spot,
submits that in the documents prepared by Investigating Officer on the spot,
crime number has been mentioned whereas at the time of preparation of above
documents, no FIR was registered, therefore, it shows that all above documents
have not been prepared on the spot instead they have been prepared in the
police station. Further, Investigating Officer has not complied with the
mandatory provisions of NDPS Act. On above grounds, learned counsel for
the appellant submits that jail sentence of the appellant be suspended and he be
released on bail.
Learned G.A. for the State has opposed the application.
In view of the facts and circumstances of the case, including custody
period, which is more than half of the sentence imposed, we deem it proper to
suspend the jail sentence of the appellant.
Accordingly, I.A.No.1708/2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant is hereby suspended and it is directed that
appellant be released on bail on his furnishing a personal bond for a sum of
Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the
like amount to the satisfaction of the trial Court with a further direction to
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 8/8/2023
9:55:29 AM
appear before the trial Court, Shahdhol on 16 th of October, 2023 and also
on such other dates as may be fixed by the trial Court in this regard during the
pendency of this appeal.
Certified copy as per rules.
(SUJOY PAUL) (ACHAL KUMAR PALIWAL)
JUDGE JUDGE
sh
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 8/8/2023
9:55:29 AM
