Kamlesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 4171 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 2599 of 2023
                                                (KAMLESH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-03-2023
                                Mr. Manoj Saxena - Advocate for appellant.

                                Ms. Varsha Thakur - Deputy Govt. Advocate for the respondent/State.

Record of the trial Court has been received. Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on I.A.No.2463/2023, which is first application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the sole appellant Kamlesh.

Appellant stands convicted vide judgment dated 10/02/2023 passed in SCNDPS No.16/2017 by I Additional Sessions Judge, Rajgarh (M.P.) under Section 8 r/w 15(B) of Narcotics Drugs and Psychotropic Substances Act, 1985 and has been sentenced to undergo 03 years RI with fine of Rs.5,000/- with usual default stipulation.

Learned counsel for the appellant submit that appellant is an innocent

person and he has been falsely implicated in this matter. During the trial appellant was on bail and he has not misused the liberty granted to him. It is a case of non-commercial quantity of contraband. Necessary provisions of the NDPS Act regarding sampling and seizure are not complied with. There are material contradictions and omissions in the statement of the witnesses. Appellant is languishing in jail since 10/02/2023. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. Prima facie there is a strong case in favour of the appellant. Hence, Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/17/2023 1:09:17 PM

the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that case of the prosecution is that 5.222 Kilograms poppy straw has been recovered from the possession of the appellant; appellant was on bail during the trial; there is no complaint that he has misused the liberty granted to him and final conclusion of the appeal will also take sufficient long time. In view of the

aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.2463/2023 is allowed and it is directed subject to deposit of fine any amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.1,50,000/- (Rupees One Lac Fifty Thousand Only) with separate solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 13/09/2023 and on all such subsequent dates, which are fixed in this behalf.

Registry is directed to list the appeal for final hearing in due course. Certified copy as per rules.

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/17/2023 1:09:17 PM

(ANIL VERMA) JUDGE Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/17/2023 1:09:17 PM