Ramsingh Urf Gullu Lodhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 21066 MP

Madhya Pradesh High Court

Ramsingh Urf Gullu Lodhi vs The State Of Madhya Pradesh on 12 December, 2023

Author: Hirdesh

Bench: Hirdesh

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 12048 of 2023
                                        (RAMSINGH URF GULLU LODHI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 12-12-2023
                                 Shri Radheshyam Maurya - Advocate for the appellant.

                                 Shri Aman Patel - P.L. for the respondent/State.

Heard on I.A. No. 22603 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Ramsingh urf Gullu Lodhi arising out of judgment dated 13.09.2023 delivered in SC

NDPS No.59/2019 passed by Special Judge, NDPS Act, Narsinghpur, M.P. The appellant has been convicted for the offence punishable under Section 08/20(b)(ii)(B) of NDPS Act and sentenced to undergo RI for two years with fine of Rs.5,000/- stipulation.

Learned counsel for appellant submits that there are so many omission and contradictions in the prosecution witnesses and trial Court has committed error by appreciating the evidence. Appellant has not committed any criminal offence, he has been falsely implicated in this case.PW-7 Sanjay Mishra has no right to investigate the matter. PW-6 Sureshpuri Goswami stated that he has not

received any contraband to keep in Malkhana. Independent witnesses turned hostile. Appellant is in jail since 13.09.2023. Appellant is aged about 65 years old and is suffering from severe disease. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended.

Learned Panel Lawyer opposed the prayer on the basis of objection. Heard the parties and perused the record.

Considering the facts and circumstances of the case and the fact that he is in jail since 13.09.2023 till today and suffering from severe disease and bleak chances of final hearing in near future, without expressing any conclusive opinion on the merits of the case, I deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No. 22603 of 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.50,000/- (Rupees fifty Thousand only) with one solvent surety of the like

amount to the satisfaction of the trial Court with a further direction to appear before the concerned trial Court, on 22nd of December, 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.

(HIRDESH) JUDGE

Akm