Shakir @ Kala vs The State Of Madhya Pradesh
2023 Latest Caselaw 2777 MP

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                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT INDORE
                                                                CRA No. 7172 of 2021
                                                       (SHAKIR @ KALA Vs THE STATE OF MADHYA PRADESH)



                                  Dated : 15-02-2023

                                         Shri Rakesh Vyas, counsel for the appellant.
                                         Shri Sudhanshu Vyas, P.L. for State.

                                        Appeal is admitted for final hearing.

                                         Heard on I.A.No.15224/2022 which is repeat application for suspension of

                                  sentence and grant of bail on behalf of appellant Shakir. The earlier application

                                  was dismissed as withdrawn.

                                        Appellant has been convicted by the trial court under section 8/20 of NDPS

                                  Act and sentenced to undergo 5 years RI with fine of Rs.25,000/- with default

                                  stipulation.

                                         Counsel for the appellant submits that it is alleged that from the possession

                                  of appellant, 15 kg. 500 grams Ganja has been seized which is non-commercial

                                  quantity. It is further submitted that appellant has already undergone 50% of the

                                  actual jail sentence awarded to him. He has relied upon the decision rendered by

                                  the Division Bench in the case of Sanjay vs. State of Madhya Pradesh (Criminal

                                  Appeal No.104 of 2015 dated 17.01.2022) wherein the Court after relying on the

                                  judgment passed by the Apex Court in the case of Thana Singh vs. Central Bureau

                                  of Narcotics passed in Civil Appeal No.1640/2010 dated 30.08.2010 held that if

                                  the period of custody has been undergone by the accused for more than 50% of

                                  the sentence i.e. awarded, then the application for suspension of sentence may be

                                  considered on the said ground. The appellant has already undergone more than

                                  half of the jail sentence.

Signature Not Verified
Signed by: MUKTA
CHANDRASHEKHAR KOUSHAL
Signing time: 15-Feb-23 5:50:00
PM
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                                          Per contra, counsel for the respondent/State has opposed the application,

however he could not dispute the fact that appellant has undergone actual 50% of

the jail sentence.

After hearing learned counsel for parties and taking into consideration that

appellant has already undergone 50% of the actual jail sentence awarded to him,

and final hearing of the appeal is likely to take time, in view of the judgment cited

above, this Court is of the considered view that it is a fit case for suspension of the

sentence and grant of bail to the appellant. Hence, without expressing any opinion

on merits of the matter I.A.No.15224/2022 is allowed and jail sentence of the

appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not

deposited, the appellant shall be released on bail, on furnishing a personal bond in

the sum of Rs.1,00,000/- (Rupees One Lac only) along with a solvent surety in

the like amount to the satisfaction of Trial Court, for his appearance before the

Registry of this Court firstly on 12.07.2023 and on such other dates, as may be

fixed by the Registry in this regard, till final disposal of this appeal.

C.c. as per rules.

(VIJAY KUMAR SHUKLA) JUDGE

MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 15-Feb-23 5:50:00 PM