Sheru Dodiyar vs The State Of Madhya Pradesh
2023 Latest Caselaw 7748 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                      CRA No. 6978 of 2021
                                       (SHERU DODIYAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-05-2023
                                 Shri Amit Singh Sisodia, learned counsel for the appellants.

                                 Shri Amit Rawal, learned Govt. Advocate for the respondent/State.

Heard on I.A. No.22/2023 which is a repeat (third) application under Section 389(1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail on behalf of the appellant No.1 Sheru Dodiya & appellant No.2 Babu

Dodiya.

(1) Earlier applications for suspension were dismissed as withdrawn vide orders dated 29.03.2022 and 14.09.2022.

(2) The appellants have been convicted for the offence punishable under Section 8/15(b) of NDPS Act and sentenced to undergo 04 years R.I with fine o f Rs. 10,000/- each with default stipulation vide judgment dated 09.11.2021 passed in Special (NDPS) Case No. 29/ 2016.

(3) The prosecution's case in brief is that an informer came to police station G.R.P Neemuch and provided information to A.S.I B.S. Kushwah of

police station G.R.P Neemuch that four boys aged between 25 to 30 years who have worn chokdidar shirts and two of them are wearing pant of grey color and mongia color. He also informed that other two are wearing blue jeans and they have poppy straw in yellow white sack. They are going to Jhabua by the train coming from Jodhpur in the evening and their names are Sheru, Babu, Badhiya and Tatiya. He registered this information on roznamcha sanha. Thereafter Head Constable No.591 Tarachander was sent to bring rahgir panchan who brought rahgir panchan Ajay S/o Nandlal and Graffar S/o Jumman Khan. A.S.I Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 12-05-2023 18:52:24

B.S Kushwah shared the information with them.

(4) Learned counsel for the appellants submits that this appeal is of 2021 and there is no likelihood for early hearing of this appeal in near future by that time they would undergo their entire sentence. The appellants have no criminal past hence, prays for suspension of jail sentence.

(5) Government Advocate opposes the application and prays for its rejection.

(6) Looking to the facts and circumstances of the case, period of custody of the appellants and there is no likelihood of early hearing of this appeal in near future, the application (I.A. No.22/2023) is allowed.

(7) It is directed that the jail sentence of the appellant No.1 Sheru Dodiya & appellant No.2 Babu Dodiya shall remain suspended and they be released on bail upon their depositing the fine amount (if not already deposited) and also upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with separate surety in the like amount to the satisfaction of the trial Court for their appearance before the concerned trial Court on 11.09.2023 and on such further dates as may be fixed in this behalf by the concerned trial Court during the pendency of this appeal.

I.A. No.22/2023 stands closed.

Certified copy as per rules.

(VIVEK RUSIA) JUDGE

akanksha

Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 12-05-2023 18:52:24