Kanwarlal vs The State Of Madhya Pradesh
2023 Latest Caselaw 13094 MP

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                                                       CRA No. 1596/2021


HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
   (SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)

                       CRA No. 1596 of 2021
            (KANWARLAL. V/s. STATE OF MADHYA PRADESH)
Date: 11.08.2023 :
      Shri Manish Kumar Sharma, learned counsel for the
appellant.
      Shri Amit      Rawal,   learned     Govt.   Advocate   for    the
respondent/State.

Heard on I.A. No.12070/2023, which is a repeat (2 nd) application under Section 389 of Cr.P.C for suspension of jail sentence.

Appellant stands convicted u/s. 8-C/21C of the NDPS Act vide judgment dated 6.2.2021 passed by Special Judge, NDPS Act, Indore in Special Case No. 6/2019 and sentenced to undergo 10 years RI and to pay fine of Rs.1,20,000/- with default stipulation.

As per prosecution story, Narcotics Cell, Indore received an information that Ali Hussain is coming from Rajasthan to deliver the contraband to one Manoj Babaji. He was apprehended and from his possession of 270 gms. of Heroin was recovered. The present appellant was driving the motorcycle and along with him, Ali Hussain and one Sujan Singh were sitting.

Learned counsel for the appellant submits that the appellant has fair chances of success in this appeal. The present appellant has falsely been implicated in this case. At the time of incidence, the appellant was 63 years of age and now he is near about 70. There is

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CRA No. 1596/2021

no recovery of the contraband from the possession of present appellant. The appellant has already undergone more than 50% of the jail sentence. This appeal is of the year 2021 and there is no likelihood of its final hearing in near future. He, therefore, prays for grant of suspension and to release appellant on bail.

On the other hand, the learned counsel appearing for the respondent opposes the prayer and prays for rejection of the application.

In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the custodial sentence of the appellant.

Accordingly, I.A. No.12070/2023 is allowed and it is directed that subject to deposit of fine amount, if already not deposited, with the trial Court and on furnishing personal bond by the appellant - Kanwarlal in the sum of Rs.1,00,000/- (One Lakh only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of custodial part of the sentence of the appellant shall remain suspended till final disposal of this appeal. The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 20.12.2023 and on all such subsequent dates, which are fixed in this behalf. I.A. No.12071/2023, an application for urgent hearing, stands disposed of.

C.C. as per rules.

( VIVEK RUSIA ) JUDGE Alok/-

Digitally signed by ALOK GARGAV Date: 2023.08.14 14:43:27 +05'30'