Madhya Pradesh High Court
Rohit Diwedi vs The State Of Madhya Pradesh on 12 May, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1145 of 2019
(ROHIT DIWEDI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 12-05-2023
Shri Madan Singh - Advocate for the appellant No.1 Rohit Diwedi.
Shri A.N. Gupta - Government Advocate for the respondent / State.
Heard on I.A No. 6504 of 2023, an application under Section 389(1) of
the Cr.P.C for suspension of sentence and grant of bail to appellant No.1
Rohit Diwedi arising out of judgment dated 17/01/2019 delivered in Special
Case (NDPS) No. 03/2016 by Special Judge (NDPS Act), Dindori.
This appellant has been convicted under Section 20(B)(ii)(C) of Narcotic
Drugs and Psychotropic Substance Act, 1985 and sentenced to undergo R.I.
for 14 years with fine of Rs.1,50,000/-, with default stipulation.
Learned counsel for the appellant submits that appellant is in custody
w.e.f. 09/09/2016. He further submits that Investigating Officer Shri S.L.
Markam (PW-6) entered the witness box. He in the cross-examination
categorically admitted that before inspecting the vehicle of appellant, he did not
inspect his own vehicle nor any document/declaration was prepared that in the
vehicle of police there was no incriminating material or objectionable substance.
He further admitted that he had not received any information regarding existence
of contraband material in the vehicle of appellant from any informer. In addition,
he admitted that another private vehicle in possession of police was not
inspected in order to show whether there exist any contraband material or not in
the vehicle. The appellant was not found inside the vehicle from where the
objectionable substance was recovered. Learned counsel for the appellant
further submits that recovery procedure is polluted and does not inspire
Signature Not Verified
Signed by: MANJU
Signing time:
5/13/2023 1:32:47 PM
confidence. The appellant No.1 already remained in custody for more than six
years. Final hearing of this appeal is not possible in near future. Thus, remaining
jail sentence of this appellant may be suspended.
Learned Government Advocate opposed the prayer on the basis of
objection.
We have heard the parties at length and perused the record.
Considering the aforesaid factual backdrop and without expressing any
conclusive opinion on merits of the case, we deem it proper to suspend the
remaining jail sentence of appellant No. 1 Rohit Diwedi. Accordingly,
I.A.No.6504 of 2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of the appellant No.1 Rohit Diwedi is hereby
suspended and it is directed that on furnishing a personal bond for a sum
of Rs.3,00,000/- (Rupees Three Lac Only) along with one solvent surety in
the like amount to the satisfaction of the trial Court, appellant No.1 be released
on bail with a further direction to remain present before the Trial Court,
Dindori on 12th July, 2023 and on such other dates as may be fixed by the
trial Court in this regard during the pendency of this appeal.
Certified copy as per rules.
(SUJOY PAUL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
manju
Signature Not Verified
Signed by: MANJU
Signing time:
5/13/2023 1:32:47 PM
