Madhya Pradesh High Court
Nandkishore vs Union Of India on 25 July, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 5435 of 2022
(NANDKISHORE Vs UNION OF INDIA)
Dated : 25-07-2023
Shri Parakram Singh Chouhan, learned counsel for the appellant.
Shri Manoj Kumar Soni, learned counsel for the Respondent/CBN .
Heard on I.A. No.3502/2023 which is first application under Section
3 8 9 of Cr.P.C. for suspension of remaining jail sentence of appellant-
Nandkishore S/o Laxminarayan.
2. The appellant has been convicted under Section 8/21(c) of the
N.D.P.S.Act and sentenced to undergo 12 Years R.I. with fine of Rs.1,00,000/-
and in default of payment of fine to further undergo 2 Year R.I. vide judgment
dated 30.09.2021 passed by learned Special Judge, NDPS Act, Indore in
Special Sessions Case(NDPS) No.21/2017.
3. Learned counsel for the appellant submits that appellant has been
falsely implicated in the matter. Appellant has been completed more than 08
years of sentence out of total sentence of 12 years awarded. There is no
likelihood of early hearing of this appeal as the appeal is of the year 2022.
Moreso, in similar circumstances in Cr.A. No. 7769/2021, this Court has
granted suspension of sentence to the appellant therein on the ground of period
of custody suffered by the him. Therefore, it is prayed that the remaining
sentence may be suspended and the appellant may be released on bail.
4. Learned counsel for the respondent opposes the prayer and prays for
its rejection.
5. The Apex Court vide order dated 30.01.2023 in case Petition(s) for
Special Leave to Appeal (Crl.) No(s). 9271/2022 has observed as under:
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 7/26/2023
6:53:44 PM
' ' The petitioner, by way of the present special leave
petition, has approached this Court since the application
for suspension of remaining jail sentence of the appellant
(Irfan Memon) has been rejected by the High Court.
Heard Mr. N.K. Mody, learned senior counsel
appearing for the petitioner and Mr. Pashupathi Nath
Razdan, learned counsel appearing for the respondent-
State.
Learned counsel for the State has vehemently opposed
grant of bail.
Taking into consideration the fact that the petitioner has
b een incarcerated for a period of more than 9 (Nine)
years and there is no likelihood of the appeal being heard
by the High Court in the near future, we are inclined to
allow the prayer for bail.
The petitioner is directed to be released on bail in
connection with Sessions Trial No. 300025 of 2014 and
on such terms and conditions as may be deemed fit and
appropriate by the learned Trial Judge.''
6 . Looking to the aforesaid order passed by the Apex Court and
considering the fact that final disposal of this appeal is not possible in near
future, without expressing any opinion on the merits of the case, I.A.No.
3502/2023 is allowed and jail sentence of the appellant shall remain suspended.
7. It is directed that subject to depositing fine amount and on furnishing
personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety in the like amount to the satisfaction
of the learned trial Court for his appearance before the trial Court, the execution
of custodial part of the sentence shall remain suspended, till the final disposal of
this appeal.
8 . The appellant after being enlarged on bail shall mark his presence
before concerned trial court on 21.08.2023 and on all such subsequent dates,
which are fixed in this regard by Trial Court concerned.
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 7/26/2023
6:53:44 PM
I.A.No.3502/2023 stands allowed and disposed of.
List the case for final hearing as per its turn.
Certified copy, as per rules.
(S. A. DHARMADHIKARI) (PRANAY VERMA)
JUDGE JUDGE
sh
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 7/26/2023
6:53:44 PM
