Lalaram vs The State Of Madhya Pradesh
2023 Latest Caselaw 11325 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRA No. 7429 of 2023
                                               (LALARAM Vs THE STATE OF MADHYA PRADESH)

                          Dated : 20-07-2023
                                Shri Vivek Vyas-Advocate for appellant.

                                Shri Rohit Shrivastava-Panel Lawyer for respondent/State.

Heard o n I.A. No. 10964/2023, an application for correction in the name of appellant in memo of appeal.

For the reasons mentioned in the application, the same is hereby allowed and learned counsel for appellant is permitted to carry out necessary correction

on Board itself.

Heard on admission.

Record of the trial Court has already been received. Appeal appears to be arguable, is admitted for final hearing. Also heard on I.A. No. 10267 of 2023 which is the first application under Section 389(1) of CrPC for suspension of sentence and grant of bail filed on behalf of sole appellant-Lalaram.

The appellant stood convicted under Section 8 read with Section 20(ii)(b) of NDPS Act and sentenced to undergo two years RI with fine of Rs.3,000/-

with default stipulation vide judgment dated 27th April, 2023 passed by Special Judge (NDPS Act) Vidisha in Special NDPS Case No.15 of 2018, Allegation against the present appellant is that from his possession 1.200 grams of ganja was seized and from possession of co-accused Lakhan, 2.050 grams of ganja was seized for which both of them could not justify the possession.

Learned Counsel for the appellant submits that appellant is innocent and Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 7/20/2023 7:09:02 PM

has been falsely implicated. The learned Trial Judge has not taken into consideration the relevant evidence placed on record. The impugned judgment is based on presumption and assumption. The learned Trial Court has committed an error in convicting and sentencing present appellant without appreciating prosecution evidence. There are material omissions and contradictions in the statements of prosecution witnesses recorded u/S 161 of CrPC. The appellant has already served jail incarceration from 03.02.2018 to 01.03.2018 i.e. near about 28 days during trial and from date of passing of impugned judgment, appellant is in judicial custody. The appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future.

Moreso, similary placed co-accused namely Lakhan Singh has already been extended benefit of suspension of sentence by this Court on 8/6/2023 in connected Cr.A. No.6092/2023. On these grounds, learned counsel for appellant prays that execution of remaining jail sentence of appellant may be suspended and he may be enlarged on bail.

Per contra, learned Panel Lawyer for respondent State opposed the application and supported the impugned judgment.

Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, regard being had to the fact that co-accused Lakhan Singh (Supra) has already been extended the benefit of suspension of sentence and that the appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future, this Court is of the view that application deserves to be allowed.

Accordingly, I.A. No.10267/2023 stands allowed and it is directed that execution of remaining jail sentence of sole appellant-Lalaram shall remain suspended during pendency of this appeal and he shall be enlarged on bail Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 7/20/2023 7:09:02 PM

subject to furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 22/09/2023 and on further dates as may be directed by the Registry of this Court in that regard.

Accordingly, I.A. No.10267/2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(ROHIT ARYA) JUDGE

(Dubey)

Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 7/20/2023 7:09:02 PM