Nirbhay Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 4110 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 7874 of 2022 (NIRBHAY SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 15-03-2023 Shri Santosh Kumar Meena - Advocate for appellant.

Shri Govind Rai Purohit- GA for State. Record is called.

Heard on admission.

Appeal is admitted for final hearing. Also heard on IA No.1333/2023 which is second application for

suspension of sentence of jail sentence. The earlier application was dismissed as withdrawn.

The appellant has been convicted u/S. 8(c)/18(c) of NDPS Act and sentenced to undergo RI for five years with fine of Rs.50,000/- with default stipulation.

It is alleged that from the possession of the applicant 1 kg 900 gm opium has been seized which is non commercial quantity. The appellant has already undergone 50% of jail sentence.

Counsel for the appellant submits that appellant has already

undergone the sentence of more than 50% of the jail sentence awarded to him. He has relied upon the decision rendered by the Division Bench in the case of Sanjay vs. State of Madhya Pradesh (Criminal Appeal No.104 of 2015 dated 17.01.2022) wherein the Court after relying on the judgment passed by the Apex Court in the case of Thana Singh vs. Central Bureau of Narcotics passed in Civil Appeal No.1640/2010 dated 30.08.2010 held that if the period of custody has been undergone by the accused for more than 50% of Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 16-03-2023 11:06:56

the sentence i.e. awarded then the application for suspension of sentence may be considered on the said ground. The appellant has already undergone more than half of the jail sentence. The final hearing of the appeal may take time.

Counsel for State opposed the prayer for grant of bail. Considering the aforesaid submissions, the IA No.1333/2023 is allowed. The substantive jail sentence of the appellant is suspended upon depositing the fine amount, if not already deposited, and on furnishing bail bond of Rs.1.00.000/- with one surety in the like amount to the satisfaction of the trial court for appearance before the Registry of this Court on 28.8.2023 and on the subsequent dates as may be fixed in this behalf by the Registry.

(VIJAY KUMAR SHUKLA) JUDGE

VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 16-03-2023 11:06:56