Rajendra Prasad Tripathi vs The State Of Madhya Pradesh
2023 Latest Caselaw 21561 MP

Madhya Pradesh High Court

Rajendra Prasad Tripathi vs The State Of Madhya Pradesh on 15 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 11513 of 2023
                                        (RAJENDRA PRASAD TRIPATHI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 15-12-2023
                                Shri Surendra Singh - Senior Advocate with Shri Shivam Singh -

                          Advocate for appellant.
                                Shri     Dilip   Kumar     Shrivastava     -   Government      Advocate   for
                          respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.21677/2023, t h is is first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Rajendra Prasad Tripathi.

The appellant has been convicted vide judgment dated 18/08/2023 passed by Additional Special Judge (NDPS), Act, Rewa in NDPS Case No. 04/2015 a n d appellant has been convicted for offence punishable under Sections 8(C)/21(B) and 2(8-A) (5/27A) of NDPS Act and sentenced to undergo RI for 10 years and to pay fine of Rs.1,00,000/- for each offence respectively with

usual default stipulations.

Learned Senior counsel for the appellant submits that no contraband article has been seized from exclusive possession of appellant. It is also submitted that main accused Kamal Narayan Pandey from whom the contraband article alleged to have been recovered has already been acquitted from the said offence, vide order dated 17/08/2016 passed in Criminal Revision No. 2722/2015. It is further submitted that the appellant is land lord of main- accused Kamal Narayan Pandey and he was not having knowledge that his

tenant is involved in the transport of any contraband article. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned Senior counsel for appellant prays for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

O n the other hand, learned Government Advocate has opposed the contention raised by learned counsel for appellant and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case coupled

with the fact that appellant is the land lord of main-accused Kamal Narayan pandey, who has already been acquitted by this Court for commission of alleged and appellant was not having knowledge about the conduct of his tenant and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant - Rajendra Prasad Tripathi shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing entire fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only) with two solvent sureties Rs.50,000/- each to the satisfaction of the trial C o urt for securing his presence appearance before the trial Court on 05/02/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY)

JUDGE skt