Sirajuddin vs The State Of Madhya Pradesh
2023 Latest Caselaw 9705 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 467 of 2023
                                              (SIRAJUDDIN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 27-06-2023
                                Shri Z. A. Khan, learned Senior Advocate with Shri Ramesh Chandra

                          Gangare, learned Advocate for the appellant .
                                Shri    Gourav      Rawat,     Dy.    Government      Advocate   for   the
                          respondent/State.

1.Heard on I.A. No.323/2023 which is an application filed under Section

389 of the Criminal Procedure Code, 1973 for suspension of sentence and grant of bail on behalf of appellant.

2.The appellant has been convicted under Section 8 read with Section 25 of N.D.P.S. Act and sentenced to undergo for 10 years of R.I. with fine of Rs.1,00,000/- with default stipulations.

3.Learned Senior counsel for the appellant submitted that the present appellant has falsely been implicated in the case. The appellant has been made accused in the case only on the basis of being registered owner of the vehicle. Prosecution is unable to prove the fact that whether the contraband was kept in

his knowledge or not. Learned Senior counsel has relied upon the judgement of Apex Court in the case of Balwinder Singh Vs. Asstt. Commr. Customs and Central Excise 2005 SCC (Cri) 1902 and the order of this Court passed in the case of Raees Mohd. and others Vs. State of Madhya Pradesh (CRA No.7687/2021) and requested to suspend the remaining jail sentence of the appellant.

4. Learned counsel for the respondent/State on the other hand has opposed the application and prays for its rejection. Signature Not Verified Signed by: VARSHA DUBEY Signing time: 6/27/2023 6:37:52 PM

5.After having gone through the judgment of the Trial Court, considering the submissions made by the senior counsel for the appellant, looking to the quantity of contraband seized from the possession of the appellant, at this stage, without commenting on the merits of the case, I am not inclined to suspend the jail sentence of the appellant. Accordingly, IA No.323/2023 on behalf of appellant is rejected.

(PREM NARAYAN SINGH) JUDGE

VD

Signature Not Verified Signed by: VARSHA DUBEY Signing time: 6/27/2023 6:37:52 PM