Rajesh Kumar Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 3985 MP

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                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                 CRA No. 458 of 2023
                                                     (RAJESH KUMAR PATEL Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 14-03-2023
                                           Shri S.K. Jain - Advocate for the appellant.

                                           Ms. Prashansha Bains - Panel Lawyer for the respondent/State.

Heard on the question of admission.

Record of the trial court perused.

The appeal is admitted for final hearing.

Also heard on I.A. No. 424/2023, which is an application for exemption from depositing of fine amount before the trial Court.

On due consideration, no case for exemption to the appellant from payment of fine amount is made out. Accordingly, I.A. No. 424/2023 is dismissed.

Also heard on I.A No. 420/2023 which is an application under Section 389(1) of Cr.P.C for suspension of sentence moved on behalf of appellant.

The appellant has been convicted for offence under Section 20(kha)(ii) (ga) of NDPS Act, 1985 of IPC and sentenced to undergo R.I. for 10 years

and fine of Rs. 1,00,000/- with default stipulations vide judgment dated 16.12.2022 passed in Special Case NDPS No. 02/2015 by learned Special Judge, NDPS, Umariya.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. Learned trial Court have failed to consider the material contradiction, omission and commission in the statement Signature Not Verified SAN

of prosecution witnesses. It is also submitted that appellant has already Digitally signed by AMITABH RANJAN Date: 2023.03.16 12:25:52 IST

undergone for more than five years and six months of the jail sentence awarded

to him. The quantity of contraband involved in the matter is more than small quantity and less than commercial quantity. Final hearing of this appeal will take time. Hence, counsel prayed that application for suspension of sentence may be allowed.

Learned Panel Lawyer for the respondent/State on the other hand has opposed the application and prays for its rejection.

In due consideration of the submissions made on behalf of the appellant, on perusal of the record and looking to the fact that the appellant has already undergone for more than five years and six months of the jail sentence awarded t o him, it would be appropriate to suspend the remaining part of his jail

sentence.

Accordingly, aforesaid I.A No.420/2023 filed on behalf of appellant is allowed and it is directed that subject to deposit of fine amount if already not deposited and on furnishing personal bond by appellants 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 regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 13.06.2023 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

Let the record of the Court below be requisitioned.

Signature Not Verified List the matter for final hearing in due course. SAN

Digitally signed by AMITABH RANJAN Certified copy, as per rules.

Date: 2023.03.16 12:25:52 IST

(RAJENDRA KUMAR (VERMA)) JUDGE Amitabh

Signature Not Verified SAN

Digitally signed by AMITABH RANJAN Date: 2023.03.16 12:25:52 IST