Shriniwas vs The State Of Madhya Pradesh
2023 Latest Caselaw 18517 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 11177 of 2023
                                                (SHRINIWAS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-11-2023
                                 Mr. Raj Kumar Gatwar - Advocate for the appellant.

                                 Mr. Dinesh Savita - Public Prosecutor for respondent/State.

Admit.

Heard on I.A. No.17557 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by sole appellant.

This Criminal Appeal assails the judgment dated 31.07.2023 passed by Special Judge (ND.P.S. Act), Sheopur (M.P.) in SC NDPS No.06/2021 whereby, appellant has been convicted and sentenced under Section 20(ka)(i) of NDPS Act to undergo rigorous imprisonment of four years with fine of Rs.5,000/-, with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available on record. As per the statement of Narendra Singh Rajpoot/(PW/2), plants of gajja along with stems, leaves and mud has been recovered from the field of appellant,

however, in para 21 of his statement, he has specifically mentioned that he does not get verified the field belongs to the appellant or not. Statement of Akhshay Uike/Patwari in his cross examination has mentioned that all the family members of the appellant are owner of the land where contraband article has been seized and there is no batankan in respect to the land is also not there. The independent witnesses have not supported the seizure of contraband from the appellant. It is further argued that mandatory provisions of NDPS Act has not Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/4/2023 11:19:13 AM

been followed while seizing the contraband article. Further argument is that appellant has already served five months of incarceration out of total jail sentence of four years. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties,

without commenting on merits of the case, I.A. No.17557 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court on 12.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/4/2023 11:19:13 AM

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/4/2023 11:19:13 AM