Thakur Singh vs Union Of India
2023 Latest Caselaw 19664 MP

Madhya Pradesh High Court

Thakur Singh vs Union Of India on 24 November, 2023

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 1286 of 2022
                                                     (THAKUR SINGH Vs UNION OF INDIA)

                           Dated : 24-11-2023
                                 Shri Vivek Singh, learned counsel for the appellant(s).

                                 Shri Manoj Kumar Soni, learned counsel for the respondent/CBN.

Heard on I.A.No.16237/2023, which is third application under Section 389 of Cr.P.C. for suspension of sentence filed on behalf of appellant - Thakur Singh S/o Bapu Singh.

2. The first application of the appellant was dismissed as withdrawn vide order dated 08.09.2023 with liberty to to file an application for suspension of sentence on temporary ground of illness of his mother. Thereafter on 11.09.2023 his second application for temporary suspension of sentence has been allowed.

3 . The appellant stands convicted by the judgment dated 11.01.2022, passed by the learned Special Judge,(NDPS Act), Indore in Special S.T. No.700017/2013 thereby convicting the appelalnt under Section 8/22(C) of NDPS Act and sentencing himto undergo for 15 years RI with fine of

Rs.1,50,000/- with default stipulation.

4 . As per prosecution story, a secret information was received by the informant that on 05.03.2013 at about 2-3 O' Clock one person from white unregistered car near Gomat Giri at Aerodrome Depalpur Road is about to deal of illicit Psychotropic Alprazolam in huge quantity to a smuggler of Mandsaur. The name of the smuggler of Mandsaur is Narendra Kumar Jain. It was also informed that in the said deal, the present appellant is also involved. Accordingly, a case has been registered.

5. Learned counsel for the for the appellant submits that the present appellant is innocent and he has falsely been implicated in the offence. The appellant was on bail during trial. All the seizure witnesses have turned hostile. There is no evidence that the White Hyundai Verna Car was in possession of the appellant or he was the owner of the car. No one saw him delivering the contraband or even driving the vehicle. Merely, on the basis of apprehension and the fact that earlier the appellant used to carry on the business on the basis of the license, he has been implicated. The presence of the appellant has not been proved at the spot. This appeal is of the year 2022 and final disposal of this appeal will take considerable time. However, it is prayed that the substantive

jail sentence of the appellant be suspended and he be released on bail.

6. Per contra, learned Government Advocate appearing for the State has vehemently opposed the bail application and submitted that huge quantity of contraband has been recovered. The appellant has been operating on the basis of forged documents in purchase of high quantity of Psychotropic Alprazolam illegally and disposing of the same illegally. The appellant has already admitted the fact recorded under Section 67 of the NDPS Act. If he is enlarged on bail, he would repeat the same offence. In such circumstances, the application for suspension of sentence filed on behalf of appellant deserves to be dismissed.

7. Heard the learned counsel for the parties and perused the record. 8 . On due consideration of the facts and circumstances of the case coupled with the fact that final hearing of this appeal will take considerable long time, without expressing any opinion on the merits of the case, I.A.No.16237/2023 is allowed and it is directed that upon depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum

of Rs. 50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court, the substantive jail sentence of appellant shall remain suspended till final disposal of the appeal and he shall be released on bail. He shall appear before the concerned trial Court firstly on 23.01.2024 and on all other subsequent dates, as may be fixed in this behalf by that Court.

9.List for final hearing in due course.

Certified copy as per rules.

                                (S. A. DHARMADHIKARI)                                   (PRANAY VERMA)
                                         JUDGE                                              JUDGE




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