Ghanshyam Dhakad vs The State Of Madhya Pradesh
2023 Latest Caselaw 759 MP

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   HIGH COURT OF MADHYA PRADESH AT INDORE
             CRIMINAL APPEAL NO.5490 OF 2022
          (Ghanshyam Dhakad vs The State of Madhya Pradesh)


Indore, Dated 12.01.2023
      Mr. Abhay Saraswat, learned counsel for the appellant.
      Mr. Govind Rai Purohit, learned counsel for the
respondent/State.

_____________________________________________________ Heard on IA No.458/2023 which is first application under Section 389 of Criminal Procedure Code, 1973, filed on behalf of appellant - Ghanshyam Dhakad S/o Sitaram 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 and has been sentenced him as under:-

              Conviction                            Sentence
     Section & Act   Imprisonmen         Fine          Imprisonment in
                           t            Amount           lieu of fine
     8/15 (C) NDPS    10 years RI   Rs.1,00,000/-     06 Months Addl. RI
        Act, 1985

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

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.5490 OF 2022 (Ghanshyam Dhakad vs The State of Madhya Pradesh)

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.

Per contra, counsel for the respondent/State has opposed the application and prays for its rejection.

After hearing counsel for the parties, the application IA No.458/2023 is being allowed.

It is directed that substantive jail sentence of appellant - Ghanshyam Dhakad S/o Sitaram 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

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.5490 OF 2022 (Ghanshyam Dhakad vs The State of Madhya Pradesh)

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.458/2023 stands disposed of.

Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

Arun/-

Digitally signed by ARUN NAIR Date: 2023.01.13 11:45:45 +05'30'

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.5490 OF 2022 (Ghanshyam Dhakad vs The State of Madhya Pradesh)