Madhya Pradesh High Court
Shailendra Singh Soni @ Shappu vs The State Of Madhya Pradesh on 10 February, 2023
Author: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 729 of 2020
(SHAILENDRA SINGH SONI @ SHAPPU AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 10-02-2023
Shri Vishnu Upadhyay - Advocate for the appellant.
Shri Nishant Yadav - Panel Lawyer for the respondent/State.
Heard on I.A. No.872/2023 which is the repeat (second) application
filed under Section 389(1) of the Code of Criminal Procedure on behalf of
appellant No.1 namely Shailendra Singh Soni @ Shappu for suspension of
sentence and grant of bail.
Vide impugned judgment dated 24.12.2019 passed in SC NDPS
No.11/2010 by the Special Judge, NDPS Act, Narsinghpur, appellant No.1
along with co-appellant has been convicted for the offence punishable under
Section 8 r/w 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985
and sentenced thereunder to suffer R.I. for ten years with fine of Rs.1,00,000/-
with default stipulation.
Learned counsel for the appellant submits that in view of the judgment
passed by the trial Court, it is clear that the seizure was actually made from
other co-accused persons and the present appellant in fact was innocent but
that aspect has not been properly appreciated by the trial Court and awarded
the sentence to the present appellant. He submits that appellant No.2 namely Jai
Masih has already been granted bail by this Court. He further submits that the
present appellant has already suffered almost half of the sentence awarded as he
is in incarceration for more than five years and two months. He further submits
that final disposal of appeal would take time and as such, the application for
suspension of sentence and grant of bail may be considered.
Signature Not Verified
Signed by: ANIL
CHOUDHARY
Signing time: 2/11/2023
11:44:20 AM
On the other hand, the counsel for the State has opposed the submission
made by the counsel for the appellant and submitted that in this case objection
has not been filed and he is asking time to file the objection.
However, on the last date of hearing time had been granted making it
clear that if by the next date objection is not filed, the application for suspension
of sentence and grant of bail shall be considered on the basis of material
available on record. As such, I am not inclined to grant further time to the State
to file objection.
Looking to the facts and circumstances of the case when total sentence
of ten years has been awarded to the appellant, he has already suffered more
than five years and two months of sentence and the appeal would take time to
concluded, I am inclined to enlarge appellant No.1/Shailendra Singh Soni @
Shappu on bail. Therefore, without commenting anything on the merits, I.A.
No.872/2023 is allowed.
It is directed that on appellant's depositing the 50% of the fine amount i.e.
Rs.50,000/- as also furnishing a personal bond in the sum of Rs.1,00,000/-
(Rupees One Lac) with one solvent surety of the like amount to the
satisfaction of the trial Court for his appearance before the Registry of this
Court on 13.06.2023 and on all such subsequent dates as may be fixed in this
regard, sentence of imprisonment awarded to appellant No.1/Shailendra Singh
Soni @ Shappu shall remain suspended and he shall be released on bail, if not
required to be detained in any other case.
However, considering the reasons mentioned in I.A. No.873/2023 is
allowed. Appellant No.1/Shailendra Singh Soni @ Shappu is permitted to
deposit the 50% of the fine amount i.e. Rs.50,000/- at the time of furnishing
Signature Not Verified
bail.
Signed by: ANIL
CHOUDHARY
Signing time: 2/11/2023
11:44:20 AM
Accordingly, I.A. Nos.872/2023 & 873/2023 s tand allowed and
disposed of.
List for final hearing in due course.
Certified copy as per rules.
(SANJAY DWIVEDI)
JUDGE
ac/-
Signature Not Verified
Signed by: ANIL
CHOUDHARY
Signing time: 2/11/2023
11:44:20 AM
