Munna vs The State Of Madhya Pradesh
2023 Latest Caselaw 1105 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                      CRA No. 9700 of 2019
                                           (MUNNA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 18-01-2023
                                 Shri Sameer Saxena, learned counsel for the appellant.

                                 Shri Mukesh Kumawat, learned Government Advocate for the
                           respondent/State.

Heard on I.A. No.12600/2022, which is second application under Section 389(1) of Cr.P.C. for suspension of remaining jail sentence on behalf of the

appellant no.2-Hemant @ Hemanta.

T h e appellant has been convicted under Section 8(c)/20(b)ii(C) of N.D.P.S. Act and sentenced to undergo 10 years R.I. with fine of Rs. 1,00,000/- with default stipulation vide judgment of conviction and order of sentence dated 30.08.2019 passed in SPL (NDPS) Case No. 01/2016.

As per prosecution story, police station Narcotic Cell, Indore received a discrete information on 24.01.2014 appellant was found carrying 27,500 kg of ganja in Maruti Van bearing registration no. MP 09 HB 3474 driven by the appellant.

This application is filed on the ground of period of custody. Learned counsel for the appellant submits that out of 10 years of sentence the appellant has already undergone more than 8 years 9 months of sentence. This appeal is of the year 2019 and is not likely to come up for final hearing in near future and by that time he will complete the sentence and the very purpose of filing the appeal would be worthless. He further submits that the sentence of the co-accused has been suspended vide order dated 03.09.2022. Hence, appellant may also be granted suspension of sentence. Signature Not Verified Signed by: REENA JOSEPH Signing time: 18-01-2023 17:23:00

Learned counsel for the respondent/State opposes the application for suspension of sentence and prays for its rejection.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties,this Court is of the of the considered opinion that the application for suspension of custodial sentence filed on behalf of the appellant no.2-Hemant @ Hemanta deserves to be allowed.

Accordingly, I.A. No.12600/2022 is allowed and it is directed that on furnishing personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakhs only) with one solvent surety in the like amount to the satisfaction of the learned

trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellant after being enlarged on bail, the appellant shall mark his presence before concerned trial court on 10.04.2023 and on all such subsequent dates, which are fixed in this regard by Trial Court concerned.

IA No. 12600/2022 stands disposed of.

List for final hearing in due course.

Certified copy, as per rules

(VIVEK RUSIA) JUDGE

RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 18-01-2023 17:23:00