Ranjeetsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13295 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                     CRA No. 4315 of 2023
                                       (RANJEETSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-08-2023
                                Shri Vikas Jain, learned counsel for the appellant.

                                Shri K. K. Tiwari, learned Government Advocate for the State.


                                The matter is taken up for hearing, hence, I.A.No. 7966/2023, application
                          for urgent hearing stands disposed of.
                                2.     Also heard on I.A.No.7965/2023, which is first application for

                          suspension of jail sentence of the appellant No.3-Nishant Singh @ Nisan
                          Singh who stands convicted vide judgment dated 28.02.2023 passed by the
                          Special Judge, Narcotic Drugs and Psychotropic Substances Act, Ratlam (MP)
                          in Special Sessions Trial No. 07/2017 under Section 8/15 (C) of the NDPS ACt
                          and sentenced to undergo RI for 13 years.
                                3. The prosecution case found to be proved is that the present appellant
                          and co-accused persons were found in possession of 5 Quintal 91 kilograms
                          and 780 grams of Poppy Straw.
                                4 .   Learned counsel for the appellant submits that appellant (Nishant

                          Singh) has been falsely implicated and convicted in the case.           He has not
                          committed the offence. He was neither the driver nor the owner of the truck.
                          He was only found inside the truck as a passenger. He further submits that the
                          has completed more than half of the sentence i.e. 6 and 1/2 years of jail
                          sentence out of 13 years total sentence awarded to him. The appeal is of the
                          year 20 23 and the final disposal will take considerable time. Therefore, learned
                          counsel for the appellant prays that the remaining jail sentence of the appellant
                          No.3 be suspended and he be released on bail.
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 8/17/2023
3:09:59 PM
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                                  5 .   Learned counsel for the respondent/State opposes the prayer for

suspension of jail sentence and prays for its rejection but has not disputed the fact that the appellant No.3 has completed about half of the jail sentence.

6. On due consideration of the facts and circumstances of the case, custody period of the appellant, without expressing any opinion on the merits of the case, I.A.No. 7965/2023 is allowed and it is directed that upon 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 Only) with one solvent surety in the like amount to the satisfaction of the trial court, the substantive jail sentence of the appellant No.3 Nishant Singh @ Nisansingh shall remain

suspended till final disposal of the appeal and he shall be released on bail. He shall appear before the concerned trial Court firstly on 12.12.2023 and on all other subsequent dates, as may be fixed in this behalf by that Court.

Certified copy as per rules.

                             (S. A. DHARMADHIKARI)                                    (PRANAY VERMA)
                                      JUDGE                                               JUDGE

                          vidya




Signature Not Verified
Signed by: SREEVIDYA
Signing time: 8/17/2023
3:09:59 PM