Sanjay Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 1182 MP

                                                              1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                       CRA No. 9497 of 2022
                                            (SANJAY CHOUDHARY Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-01-2023
                                 Ms. Anchan Pandey - Advocate for the appellant.

                                 Shri Pradeep Gupta - Government Advocate for respondent/State.

Trial Court record has been received.

Heard on admission.

Prima-facie, this appeal seems to be arguable. Hence, admitted for final

hearing.

Heard on I.A.No.19705/2022, an application under Section 389(1) of the Cr.P.C for suspension of jail sentence and grant of bail to the appellant pending the appeal..

Appellant has been convicted for commission of offence under Section 8/20(b)(ii)(B) of the NDPS Act and has been sentenced to 5 years RI and fine of Rs.5,000/- with default stipulation vide judgement dated 09.09.2022, passed by Special Judge, NDPS Act, Narsinghpur (M.P.).

Learned counsel for the appellant has submitted that appellant has been

wrongly convicted as learned trial Court has not properly appreciated the evidence of the prosecution witnesses. Learned counsel has drawn attention of the Court towards the evidence of PW6, PW7 and PW3. It is also the argument of learned counsel that mandatory provisions of Section 50 of the NDPS Act has not been complied with by the Seizure Officer at the time of search and seizure of the contraband. It is submitted that independent witnesses of seizure have turned hostile. Therefore, appellant be released on bail. Learned counsel for the appellant has placed reliance on the judgment Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 1/20/2023 12:51:27 PM

passed by the Apex Court in the case of Sanjeet Kumar Singh @ Munna Kumar Singh Vs. State of Chattisgarh, reported in 2022 LiveLaw (SC) 724 and judgement dated 29.10.2010, passed by the Apex Court in Criminal Appeal No.943/2005 (Vijaysinh Chandubha Jadeja Vs. State of Gujrat) In the aforesaid pretext, it has been prayed that appellant be released on bail as he has fair chance to succeed in appeal.

On the other hand, learned counsel for the State has opposed the grant of bail.

I have gone through the Exhibit P/11 and the other material available on record. I have also gone through the evidence of witnesses referred by learned

counsel for the appellant. Considering the material available on record and the findings recorded by the learned trial Court, I am of the considered view that no case for suspension of sentence is made out.

Consequently, this first application (I.A.No.19705/2022) under Section 389(1) of the Cr.P.C. for suspension of sentence of appellant - Sanjay Choudhary is dismissed.

List this case for final hearing in due course.

(DINESH KUMAR PALIWAL) JUDGE

Jasleen

Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 1/20/2023 12:51:27 PM