Kachru Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 9121 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT INDORE
                                                       CRA No. 6368 of 2022
                                               (KACHRU KHAN Vs THE STATE OF MADHYA PRADESH)

                            Dated : 19-06-2023

                                  Shri Abhay Saraswat, learned counsel for the appellant.

                                  Shri Vishal Panwar, learned Panel Lawyer for the respondent/State.

Heard on I.A. No.1744/2023, which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of

appellant.

The trial Court has convicted the appellant under Section 15(C) read with Section 25 of NDPS Act and sentenced to undergo ten years of R.I. with fine of Rs.1,50,000/- with default stipulation, vide judgment of conviction and order of sentence dated 1.7.2022 passed by Special Judge (NDPS Act), Jaora, District Ratlam in SC NDPS No.12/2015.

Prosecution story, in brief, is that on28.11.2013 at around 6.50 PM Marshall Jeep bearing No.MP-14-H-1545 was stationed at Ranigaon Fanta to Naveli road, P.S., Kalukheda, District Ratlam. The Police has recovered six

quintols 30 Kg.900 gms of Poppy Straw. An identity card of co-accused Yusuf Khan was found in the vehicle. The present appellant was registered owner of the vehicle.

Learned counsel for the appellant submits that he had sold the vehicle to Amir Baksh on 31.3.2013. After filing of charge sheet Amir Bakhs has taken interim custody of the aforesaid vehicle from the trial Court on 2.6.2016. The co-accused Yusuf Khan has been acquitted from the trial Court. The present appellant has been implicated in the case only because he was registered owner Signature Not Verified Signed by: SHAILESH PATIL Signing time: 6/20/2023 10:07:38 AM

of the aforesaid vehicle. He was in custody since 10.12.2015 to 20.7.2016, 26/10/2017 to 8.10.2020 and since 1.7.2022 till today. He served sentence of five years and ten days. Final disposal of this appeal will take sufficient long time therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

Learned Govt. Advocate for the respondent/State has opposed the prayer of the appellant and prays for its rejection.

I have heard learned counsel for both the parties and perused the case. Considering the facts and circumstances of the case coupled with the fact that the final hearing of this appeal is not possible in near future, without

expressing any opinion on merits of the case, the application I.A.No.1744/2023 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail, on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 07.08.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List in due course.

C.C. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

patil

Signature Not Verified Signed by: SHAILESH PATIL Signing time: 6/20/2023 10:07:38 AM