Madhya Pradesh High Court
Mawasi Patel vs The State Of Madhya Pradesh on 28 November, 2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6748 of 2022
(MAWASI PATEL Vs THE STATE OF MADHYA PRADESH)
Dated : 28-11-2023
Ms. Bhavna Tripathi - Advocate for the appellant.
Shri Aditya Gupta - Panel Lawyer for the State.
Heard on I.A. No. 18958/2023, which is an application for taking the
additional documents on record.
Considering the grounds raised the application, I.A. No. 18958/2023 is
allowed.
The documents are taken on record.
Also heard on I.A.No.11918/2023, which is third application for
suspension of sentence and grant of bail on behalf of appellant. First
application was dismissed on merits on 9/11/2022 and second application
was dismissed as withdrawn vide order dated 1/04/2023.
The appellant has been convicted by the trial Court vide impugned
judgment for offence punishable under Section 8/20 of the NDPS Act and
has been sentenced to undergo RI for 3 years with fine of Rs.10,000/- and
default stipulation.
Learned counsel for the appellant submitted that the appellant is innocent
and has been falsely implicated in the crime in question. The Trial Court has not
properly appreciated the oral and documentary evidence available on record.
The appellant is in custody. The final disposal of this appeal would take
considerable time. Counsel for the appellant has argued that first application for
suspension of sentence of appellant has been dismissed on merits on 9/11/2022
and from that period more than one year period has been elapsed. In this case
appellant has been convicted for 3 years approximately and already suffered
half of the jail sentence. It is further argued that in the similar case registered
vide Cr.A. No. 2390/2018 dated 4/06/2018, co-ordinate Bench of this High
Court has granted the bail to appellant Mawasi Patel and in Special Case No.
14/2017, the Special Judge (NDPS Act) Katni has acquitted the appellant for the
offence 8/20 - B of NDPS Act. Under such circumstances, application of
appellant for suspension of sentence and grant of bail may be considered.
Learned counsel for State vehemently opposed the prayer for suspension
of sentence.
Looking to the facts and circumstances of the case, I find it to be a fit
case to suspend the jail sentence of appellant and to release him on bail,
therefore, without commenting on the merits of the case, the application of
appellant is allowed.
Accordingly, IA No. 11918/2023 stands allowed and it is directed that
the jail sentence of appellant shall remained suspended and he be released on
bail 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 subject to verification of factum regarding deposit of fine
amount. Appellant is directed to appear before the trial Court first on
25.01.2024 and on other subsequent dates as may be fixed in this behalf.
Accordingly, IA No.11918/2023 stands allowed and disposed of.
Certified copy as per rules.
List for final hearing in due course.
(PRAMOD KUMAR AGRAWAL)
JUDGE
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