Madhya Pradesh High Court
Kana @ Kanha vs The State Of Madhya Pradesh on 30 January, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 10776 of 2022
(KANA @ KANHA Vs THE STATE OF MADHYA PRADESH)
Dated : 30-01-2023
Shri Khuzema Kapadia - Advocate for the appellant.
Shri Abhishek Bhargava - PL for respondent/State.
Record of the court below has been received.
Heard on admission.
The appeal is admitted for final hearing.
Also heard on IA No.827 of 2023, which is an application for exemption
from filing affidavit.
Appellant is in custody, therefore, IA No.827 of 2023 is allowed and he
is exempted from filing the affidavit.
Also heard on IA No.826 of 2023, which is an application under Section
389(1) of Cr.P.C. on behalf of the appellant-Kana for grant of bail and
suspension of remaining jail sentence.
Appellant has been convicted under Section 15-B of NDPS Act and
sentenced to 4 years R.I. with fine of Rs.10,000/-, with usual default stipulation.
Learned counsel for the appellant contended that the appellant is innocent
and he has been falsely implicated in the aforesaid offence. He is in custody
since 17.10.2022 i.e. from the date of judgment of the trial Court and he has
already suffered jail incarceration for more than 9 months. No independent
witness has been examined by the prosecution. There is material contradiction
and omission in the statement of the prosecution witnesses. There is a strong
Signature Notcase in favour of the appellant. Appellant is
Verified a 65 years old person and not
Signed by: TRILOK SINGH
SAVNER
having any criminal past. Hence he prays for grant of bail and suspension of
Signing time: 31-Jan-23
10:27:40 AM
remaining jail sentence of the appellant.
Per contra, learned GA for the respondent/State opposes the application
for suspension of sentence and prays for its rejection, but he fairly admits that
no criminal antecedent has been found against the appellant.
After considering the facts and circumstances of the case, submissions
made by learned counsel for both the parties, nature and gravity of the allegation
against the appellant and also taking note of the fact that appellant is a 65 years
old person, he has already suffered jail incarceration for more than 9 months, he
was remained on bail during the trial and he did not misuse the liberty given to
him and that final conclusion of this appeal will take a long sufficient time, I
deem it proper to suspend the remaining jail sentence of the appellant.
Accordingly, IA No.826 of 2023 is allowed and the execution of
remaining jail sentence of the appellant-Kana is hereby suspended till the final
disposal of this appeal and it is ordered that the appellant be released on bail on
his depositing the fine amount, if not already deposited, and upon furnishing a
personal bond for a sum of Rs.75,000/- with one solvent surety of the like
amount to the satisfaction of the trial Court, with a further direction to appear
before the Registry of this Court on 18.7.2023 and on such other dates, as
may be fixed by the Registry of this Court in this regard during the pendency of
this appeal.
Registry is directed to list the appeal for final hearing in due course.
C.C. as per rules.
Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 31-Jan-23
(ANIL VERMA)
10:27:40 AM JUDGE
trilok
Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 31-Jan-23
10:27:40 AM
