Lakhan Meena vs The State Of Madhya Pradesh
2023 Latest Caselaw 854 MP

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   HIGH COURT OF MADHYA PRADESH AT INDORE
             CRIMINAL APPEAL NO.1176 OF 2017
            (Lakhan Meena vs The State of Madhya Pradesh)


Indore, Dated 13.01.2023
     Mr. Anil Ojha, learned counsel for the appellant.
     Mr. Pranay Joshi, learned counsel for the respondent/State.

_____________________________________________________ Heard on IA No.12738/2022 which is fourth application under Section 389 (1) of Criminal Procedure Code, 1973, filed on behalf of appellant - Lakhan Meena S/o Ramdayal Meena who has been convicted by learned Additional Special Judge, NDPS Act, Rajgarh (Biaora), in NDPS Case No.05/2016 vide judgment dated 26.05.2017 and has been sentenced him as under:-

              Conviction                             Sentence
    Section & Act      Imprisonmen        Fine          Imprisonment in
                             t           Amount           lieu of fine
     8/20 (b)(ii)(C)   10 years RI         Not            02 years RI
       NDPS Act,                         deposited

Counsel for the appellant submits that appellant has already undergone the jail sentence of more than six years 07 months RI out of 10 years of jail sentence awarded to him. He has already undergone more than 50% of the jail sentence and

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.1176 OF 2017 (Lakhan Meena vs The State of Madhya Pradesh)

the appeal is of year 2017. The final hearing of appeal may take long time. He has relied upon 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. Hence prays for suspension of sentence and grant of bail to the appellant.

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.12738/2022 is allowed and the remaining jail sentence of the appellant shall be suspended subject to deposit of 50% of the fine amount before his release and the remaining fine amount shall be deposited within next six months from the date of the

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.1176 OF 2017 (Lakhan Meena vs The State of Madhya Pradesh)

release. On the compliance of aforesaid condition, the appellant shall be enlarged on bail.

It is directed that substantive jail sentence of appellant - Lakhan Meena S/o Ramdayal Meena shall be suspended subject to comply with the aforesaid conditions of deposit of fine and on furnishing a personal bond in the sum of Rs.2,00,000/-(Rupees Two Lakhs only) with one solvent surety of like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 17.07.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf.

Accordingly, application IA No.12738/2022 stands disposed of. Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

Arun/-

Digitally signed by ARUN NAIR Date: 2023.01.13 19:02:44 +05'30'

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.1176 OF 2017 (Lakhan Meena vs The State of Madhya Pradesh)