Harishankar Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 21566 MP

Madhya Pradesh High Court

Harishankar Mishra vs The State Of Madhya Pradesh on 15 December, 2023

Author: Hirdesh

Bench: Hirdesh

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         CRA No. 8827 of 2023
                                           (HARISHANKAR MISHRA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 15-12-2023
                                 Shri Teekram Patel - Advocate for the appellant.

                                 Shri S.Riyaz - Panel Lawyer for the respondent.

Considered I.A.No.16509/2023, which is an application under section 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant-Harishanker Mishra.

Vide impugned judgment dated 05.7.2023 passed by Special Judge (NDPS), Damoh in SC NDPS No.16/2019 the appellant has been convicted for offence under section 20-B(ii)(b) of NDPS Act and sentenced to undergo R.I. for 03 years and fine of Rs.5,000/- with default stipulation.

Learned counsel for the appellant submitted that prosecution has failed to prove the case beyond reasonable doubt. The appellant has been falsely implicated in the crime in question. He is innocent. There are material contradictions, improvements and omissions in the statements of the prosecution witnesses. No independent witness has been examined in the trial

Court has supported the prosecution story. The appellant is sole earning member of his family. The contraband (ganja) has been recovered from open place and not from the exclusive possession of the appellant. He is in jail for near about one year. Final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of appellant.

Learned Panel Lawyer has opposed the prayer for suspension of sentence and grant of bail.

Heard learned counsel for the parties and perused the record.

Considering the over all facts and circumstances of the case, the appellant is in jail for near about one year, he has no criminal antecedents, final disposal of this appeal would take considerable time and without commenting on merits of the case, the application is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant-Harishankar Mishra 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 concerned trial Court with a further direction to appear before concerned trial Court, on 20th of

March, 2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

I.A.No.16509/2023 is allowed.

C.C. as per rules.

(HIRDESH) JUDGE

RM