Jagdiesh Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13726 MP

                                                              1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                       CRA No. 8463 of 2022
                                             (JAGDIESH SINGH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 22-08-2023
                                 Shri Madan Singh - Advocate for the appellant.

                                 Shri Manoj Soni - Panel Lawyer for the respondent/State.

Heard on admission.

Appeal is admitted for final hearing.

Record of the trial Court has been received.

Also, heard on I.A.No.15062 of 2023 repeat (second) application for suspension of sentence and grant of bail to the appellant arising out of judgment dated 16.09.2022 delivered in S.C.N.D.P.S.No.200004/2015 by Special Judge, N.D.P.S. Act Damoh, District-Damoh.

The appellant is convicted under Section 8(C) read with 20(B)(ii)(B) of Narcotic Drugs and Psychotropic substance Act, 1985 and sentenced to undergo R.I. for eight years with fine amount of Rs.50,000/-,with default stipulations.

His first application was dismissed as withdrawn by co-ordinate Bench

of this Court by order dated 01.02.2023 (I.A.No.17867 of 2022).

Learned counsel for the appellant submits that leaf, branches etc weighing 3.817 K.G have been allegedly recovered from appellant but the same do not come within the definition of Ganja as mentioned in Section 2(iii)(b) of N.D.P.S. Act. It is not proved from evidence on record that field and well were in possession of appellant. There is no evidence to connect the appellant with the alleged offence. The appellant is in jail from one year. The final hearing of this appeal will take time. On the above grounds, he prays that the remaining jail Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 8/23/2023 10:07:06 AM

sentence of the applicants may be suspended.

Learned Panel Lawyer for the State on the other hand has opposed the application.

Taking into consideration the evidence of Investigating Officer (PW-10) and Ex.P/8, Ex.P/9, Ex.P/16 and Ex.P/35 along with Section 2(iii)B of N.D.P.S. Act, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A.No.15062 of 2023 is allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a

sum of Rs.50,000/- (Rupees Fifty thousand only) with two local sureties of Rs.25,000/- each with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial court, Hatta District-Damoh on 06.11.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the matter for final hearing in due course. C.C. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

vai

Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 8/23/2023 10:07:06 AM