Suresh Dheemar vs The Sate Of M P
2023 Latest Caselaw 4019 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 230 of 2022 (SURESH DHEEMAR Vs THE SATE OF M P)

Dated : 14-03-2023 Shri Mukesh Shukla- counsel for the appellant.

Shri Purshottam Soni- Panel Lawyer for the State.

Considered I.A.No.6917/2022, which is first application u/s 389(1) Cr.P.C. for suspension of sentence on behalf of appellant-Suresh Dheemar.

By the impugned judgment dated 17.12.2021 passed by the Special

Judge, Satna in SCMDPS/3300001/2016 the appellant has been convicted for offences under sections 8 r/w 20(b)(ii)(c ) of the NDPS Act and sentenced to undergo R.I. for 10 years with fine of Rs.1,00,000/- (though wrongly mentioned in application as Rs.25,000/-) with default stipulations.

As per prosecution case, about 28 Kgs. of cannabis ('ganja') has been recovered from illegal possession of the appellant.

Learned counsel for the appellant submitted that appellant is innocent and he has been falsely implicated in the crime in question. The appellant is aged about 52 years. He has remained in custody for a substantial period. The trial

Court has not properly appreciated the oral and documentary evidence available on record. The appellant is first offender. Final disposal of instant appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of the appellant.

Learned Panel Lawyer has opposed the prayer for suspension of sentence.

Signature Not Verified SAN

Perused the record as also report received from concerned jail regarding Digitally signed by RAJESH MAMTANI Date: 2023.03.14 18:21:42 IST

past criminal record of the appellant. The appellant has remained in custody

since 10.1.2016 till 12.3.2018 and thereafter from 07.4.2022 till date.

Considered the over all facts and circumstances of the case; taking into account the custody period of the appellant; he is first offender and aged about 52 years; quantity of cannabis; appeal would take considerable time, and without commenting on merits of the case, the application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant-Suresh Dheemar shall remain suspended and he shall be released on bail for securing his

presence before the trial Court concerned on 14.8.2023 and on such other dates as may be fixed in this regard during pendency of this appeal, without fail.

It is made clear if the appellant again involves in similar kind of offence, this order shall immediately become ineffective.

List this case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2023.03.14 18:21:42 IST