Rughnath vs The State Of Madhya Pradesh
2023 Latest Caselaw 10203 MP

                                                              1
                               HIGH COURT OF MADHYA PRADESH AT INDORE
                                       CRIMINAL APPEAL NO.691 OF 2022
                                        (Rughnath vs The State of Madhya Pradesh)


                         Indore, Dated 05.07.2023
                                Mr. Himanshu Thakur, counsel for the appellant.
                                Mr. Bhuwan Gautam, counsel for the respondent/State.

_____________________________________________________ Heard on IA No.15797/2022 which is first application under Section 389 of Criminal Procedure Code, 1973, filed on behalf of appellant-Rughnath Malviya S/o Shobharam Malviya who has been convicted by Special Judge, NDPS Act, District-Mandsaur (MP) in Special Case No.12/2011 vide judgment dated 24.12.2021 and has been sentenced him as under:

                                       Conviction                             Sentence
                               Section & Act   Imprisonment        Fine          Imprisonment in
                                                                  Amount           lieu of fine
                                 8/18 (B)       11 years RI   Rs.1,10,000/-        01 year RI
                                NDPS Act,



                         (2)    Counsel for the appellant submits that trial Court has erred

in not considering the fact that contradictory statement came on record of material prosecution witnesses. He further submits that mandatory provision of Section 50 of Narcotic Drugs and Psychotropic Substances Act, 1985, was not followed by the

Signature Not Verified Signed by: ARUN NAIR Signing time: 07-07-

2023 10:00:30

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.691 OF 2022 (Rughnath vs The State of Madhya Pradesh)

prosecution and seizure witnesses have turned hostile and has not supported the prosecution story. He submits that appellant was in jail from 09.05.2011 to 25.06.2012. The appellant was on bail from 24.12.2021 to till today. He has placed reliance over the judgment of Hon'ble Apex Court in the case of State of Rajasthan vs. Parmanand and Another (Criminal Appeal No.78 of 2005 dated 28.02.2014) reported in 2014 CRI.L.J. 1756 (SUPREME COURT) to bolster his submissions. The final disposal of the appeal is likely to take sufficient long time. Hence prays for suspension of sentence and grant of bail to the appellant. (3) Per contra, counsel for the respondent/State has opposed the application and prays for its rejection. (4) On perusal of the record, it was found that five kilogram of Opium was seized from the possession of appellant, which is commercial quantity. The evidence of PW/8, Ex.P/4 and Ex.P/5 reveals the fact that appellant gave written consent for search by PW/8.

(5) Hence, in view of the above facts and the fact that the seized quantity of Opium from the appellant is commercial in nature and looking to the prosecution evidence, no case is made out for grant

Signature Not Verified Signed by: ARUN NAIR Signing time: 07-07-

2023 10:00:30

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.691 OF 2022 (Rughnath vs The State of Madhya Pradesh)

of suspension to the appellant, it is not a fit case for grant of bail to the appellant. Accordingly, the suspension application - IA No.15797 of 2022 stands rejected.

                                     (S.A. DHARMADHIKARI)                                  (HIRDESH)
                                           JUDGE                                            JUDGE

                         Arun/-




Signature Not Verified
Signed by: ARUN NAIR
Signing time: 07-07-
2023 10:00:30

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.691 OF 2022 (Rughnath vs The State of Madhya Pradesh)

Signature Not Verified Signed by: ARUN NAIR Signing time: 07-07-

2023 10:00:30