Lala @ Santosh Nishad vs The State Of Madhya Pradesh
2023 Latest Caselaw 21987 MP

Citation : 2023 Latest Caselaw 21987 MP
Judgement Date : 20 December, 2023

Madhya Pradesh High Court

Lala @ Santosh Nishad vs The State Of Madhya Pradesh on 20 December, 2023

Author: Anuradha Shukla

Bench: Anuradha Shukla

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 830 of 2023 (LALA @ SANTOSH NISHAD Vs THE STATE OF MADHYA PRADESH)

Dated : 20-12-2023 Shri Rajmani Mishra - Advocate for the appellant.

Ms. Shikha Singh Baghel - Panel Lawyer for the State.

Heard on I.A. No.23583/2023, which is second application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of the appellant.

The appellant has been convicted for an offence punishable under Section 8/20 of the NDPS Act and sentenced to undergo R.I. for 2 years with a fine of Rs.2,000/-, with default stipulation.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. The learned trial Court has erred in not appreciating the fact that there are material omissions and contradictions in the versions of the prosecution witnesses. He further submits that the appellant is in jail and there is no likelihood of the hearing of appeal in near future. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State opposes the application and prays for its rejection.

Heard learned counsel for the parties and perused the judgment and record of the court below.

This is repeat bail application filed on behalf of appellant. The earlier one was dismissed on merits by this Court vide order 12.07.2023.

This bail application has been argued on the ground that appellant has already suffered half of the sentence awarded to him by the trial Court and

relying upon the decision of the Apex Court in Ramnik Singh Vs. Intelligence Officer (2017) 349 ELT 388 prayer is made for suspension of sentence. In that case, the Apex Court was allowed the suspension of sentence in the light of the fact that there appeared no possibility of the appeal being taken up for hearing in the near future but this cannot be argued here.

The suspension of sentence was earlier dismissed on merits, therefore, this repeat bail applicant is also being dismissed.

List the matter after 3 weeks for final argument.

(ANURADHA SHUKLA) JUDGE