Madhya Pradesh High Court
Manoj vs The State Of Madhya Pradesh on 3 November, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 533 of 2022
(MANOJ Vs THE STATE OF MADHYA PRADESH)
Dated : 03-11-2023
Shri Vikas Jain, counsel for the appellant.
Shri K. K. Tiwari, Government Advocate for the State.
Heard on I.A. No.16640/2023, which is first application for suspension
of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf
of appellant-Manoj.
2 . The trial Court has convicted the appellant under Section 8(C) r/w
18(B) of the Narcotic Drugs and Psychotropic Substances Act and sentenced
to undergo 11 years R.I. with fine of Rs.1,25,000/- with default stipulation of
further 1 year R.I., vide judgment of conviction and order of sentence dated
20.12.2021 passed by the Special Judge, N.D.P.S. Act, District-Mandsaur in
Special Case No.01/2011.
3 . Prosecution case in brief is that, on 13.07.2010 the co-accused
Kishanlal@Krishnalal was driving the motor cycle bearing registration No.MP-
14-YA-0963 and present appellant Manoj was pillion rider. Police had stopped
the motor cycle and it was found that the co-accused had a bag containing 6 kg.
opium.
4 . Learned counsel for the appellant submits that the appellant has not
committed any offence and had falsely been implicated in the case. No
contraband was seized from the conscious possession of the appellant. It is
further submitted that as per prosecution case the incident occurred on
13.07.2010 while investigating officer Jyoti Sharma (P.W.-16) in paragraph 16
of the cross-examination has admitted that she had written a letter (Exhibit D/2)
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 11/3/2023
6:21:25 PM
2
on 12.07.2010 to R.T.O. Mandsaur in respect of ownership of aforesaid motor
cycle therefore, entire prosecution case is doubtful. But the trial court has not
considered the aforesaid evidence in the impugned judgement. It is further
submitted that appellant was in custody from 13.07.2010 to 09.07.2011 and
thereafter, he is in custody since 20.12.2021 i.e. from the date of impugned
judgement. Final hearing of this appeal is not possible in near future therefore, it
is prayed that the remaining jail sentence of the appellant may be suspended and
he may be released on bail.
5. Learned Govt. Advocate for the respondent/State has opposed the
prayer of the appellant and prays for its rejection.
6. We have heard learned counsel for both the parties and perused the
record.
7 . Looking to the facts and circumstances of the case, considering the
custodial period of the appellant and on the ground of parity, coupled with the
fact that the final hearing of this appeal is not possible in near future, without
expressing any opinion on merits of the case, the application I.A.
No.16640/2023 is allowed and the jail sentence of the appellant shall remain
suspended.
8. It is directed that subject to depositing the fine amount, if already not
deposited, appellant-Manoj s/o Balaram shall be released on bail, on
furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only)
along with solvent surety in the like amount to the satisfaction of trial Court, for
his appearance before the Registry of this Court firstly on 18.12.2023, and on
such other dates, as may be fixed by the Registry in this regard, till final
disposal of this appeal.
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 11/3/2023
6:21:25 PM
9. List for final hearing in due course.
C.C. as per rules.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
vidya
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 11/3/2023
6:21:25 PM
