Kamlesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 1748 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                      CRA No. 8206 of 2022
                                                (KAMLESH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 31-01-2023
                                 Shri Santosh Kumar Meena, learned counsel for the appellant.

                                 Shri Aditya Garg, learned Govt. Advocate for the respondent/State.

Heard on I.A. No.12502/2022, which is first application for suspension of jail sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of appellant no.1- Kamlesh.

The trial Court has convicted the appellant under section and 8/15(C) of the N.D.P.S. Act and sentenced to undergo 14 years R.I. with fine of Rs.1,00,000/- with default stipulation respectively, vide judgment of conviction and order of sentence dated 25.07.2022 passed by the Special Judge, N.D.P.S. Act Neemuch in S.T. No.28/2016.

A s per prosecution case, 12 quintal of contraband dooda choora has been seized from the possession of the appellant and co-accused Balkishan, when they are getting the dooda choora loaded in the tractor trolley on 29.05.2016.

Learned counsel for the appellant submits that the appellant has not committed any offence and he has falsely been implicated in the case. The appellant is not the owner of the tractor trolley. The contraband dooda choora has been recovered from an open place. He served custody for more than six years. Learned counsel has placed reliance on the order passed by the Apex Court in the case of Mayuresh Nandkumar Purohit Vs. Kaushik Manna and Another order dated 19.02.2018 in Criminal Appeal No.287/2018. Learned counsel further submits that final hearing of this appeal is not possible Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 01-02-2023 17:42:27

in near future. Hence, it is prayed that remaining jail sentence of the appellant may be suspended and the appellant may be released on bail.

Per Contra, learned Govt. Advocate for the respondent/State opposed the prayer of the appellant and prays for its rejection.

We have heard learned counsel for both the parties and perused the record.

In the case of Mayuresh Nandkumar Purohit (supra) the apex court has granted the benefit of bail to the concerning appellant on the ground that he had served jail sentence more than six years.

After considering the recovery of huge quantity of contraband substance

dooda choora from the possession of appellant and co-accused persons at this stage we are not inclined to grant bail to the appellant.

Accordingly, I.A. No.12502/2022 is dismissed. List for final hearing in due course.

                                  (S. A. DHARMADHIKARI)                      (PRAKASH CHANDRA GUPTA)
                                           JUDGE                                      JUDGE

                           ajit




Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 01-02-2023
17:42:27