Anil Kumar Dhakad vs The State Of Madhya Pradesh
2023 Latest Caselaw 1080 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 5493 of 2022
                                           (ANIL KUMAR DHAKAD Vs THE STATE OF MADHYA PRADESH)



                           Dated : 18-01-2023
                           Mr. Abhay Saraswat - Advocate for appellant.

                           Mr. Chetan Jain - GA for State.

                               Heard on IA No.904/2023 which is first application under Section 389 of
                           Criminal Procedure Code, 1973, filed on behalf of appellant - Anil Kumar
                           Dhakad who has been convicted by learned Additional Special Judge, NDPS

                           Act, Garoth, Mandsaur, in Special Session Trial No.08/2017 vide judgment
                           dated 26.05.2022 u/S.8/15(C) NDPS Act, 1985 and sentenced to undergo 10
                           years RI with fine of Rs.1,00,000/- with default stipulation.
                              Counsel for the appellant submits that appellant has already undergone the
                           sentence of more than five years out of ten years of imprisonment 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. Counsel for appellant submits that the jail sentence of co-appellant
                           Ghanshyam has already been suspended by this court in Cr.A. No.5490/2022.
                             Per contra, counsel for the respondent/State has opposed the application and

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 18-01-2023 18:18:14

prays for its rejection.

After hearing counsel for the parties, the application IA No.904/2023 is being allowed.

It is directed that substantive jail sentence of appellant - Anil Kumar Dhakad shall be suspended subject to depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 14.07.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf.

Accordingly, application IA No.904/2023 stands disposed of. As a consequence, IA for urgent hearing is also disposed off. Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 18-01-2023 18:18:14