Madhya Pradesh High Court
Dinesh vs The State Of Madhya Pradesh on 30 November, 2023
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 12128 of 2023
(DINESH Vs THE STATE OF MADHYA PRADESH)
Dated : 30-11-2023
Shri Ashish Gupta, learned counsel for the appellant.
Shri Rahul Solanki, learned G.A. for the State.
Heard on the question of admission.
The appeal is admitted for final hearing.
2. Also, heard on I.A. No.14559/2023, 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-Dinesh.
3. The trial Court has convicted the appellant vide judgment of
conviction and order of sentence dated 13.09.2023 passed by the Special
Judge, (N.D.P.S. Act) District-Barwani in Special Case No.10/2020 as under:-
Conviction Sentence
Imprisonment
Section & Act Imprisonment Fine
in lieu of fine
8(C)/20(b)(ii)(b) of the Narcotics Drugs and
5 years Rs.25,000/- 6 months R.I.
Psychotropic Substance Act, 1985.
4. As per prosecution case, on 06.09.2020 co-accused Dileep@Dilla
was transporting 9 k.g. of ganja in motor cycle bearing registration No.MP-43-
MG-3902. Police had seized the aforesaid contraband and motor cycle from the
possession of the co-accused Dileep@Dilla. During investigation, it was found
that present appellant Dinesh is registered owner of the aforesaid motorcycle
and co-accused Mangilal@Manga had supplied the aforesaid contraband to the
co-accused Dileep@Dilla.
5. Learned counsel for the appellant submits that the appellant has not
committed any offence. No contraband was seized from the possession of the
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 01-12-2023
10:31:29
2
appellant. He has falsely been implicated in the case only on the basis that he is
the registered owner of the motorcycle. Appellant had no knowledge about the
transportation of the contraband by the co-accused Dileep@Dilla. It is further
submitted that co-accused Dileep@Dilla was arrested on 06.09.2020 at 6:30
p.m. vide arrest memo (Exhibit-P/13) and FIR (Exhibit-P/29) on 07.09.2020 but
crime number is mentioned in arrest memo (Exhibit-P/13). Other panchnama
(Exhibit-P/1 to P/11) are typed copy but only time of making panchnama is
hand written therefore, all proceedings is doubtful. The trial Court has not
considered properly and convicted and sentenced the appellant. Appellant was
in custody for 1 year 7 months and 20 days during the trial and thereafter he is
in custody since custody since 13.09.2023. 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 . On the other hand, learned Govt. Advocate for the respondent/State
has opposed the prayer of the appellant and prayed for its rejection.
6 . I have heard learned counsel for both the parties and perused the
record.
7. Looking to the facts and circumstances of the case, 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.14559/2023 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-DINESH 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 31.01.2024, and on such other
dates, as may be fixed by the Registry in this regard, till final disposal of this
appeal.
9. List in due course.
C.C. as per rules.
(PRAKASH CHANDRA GUPTA)
JUDGE
ajit
