Ravi @ Jitendra Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 16888 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 10321 of 2022
                                          (RAVI @ JITENDRA PATEL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-10-2023
                                 Shri Sudesh Kumar Mishra - Advocate for appellant.

                                 Shri Aditya Choubey - Government Advocate for the respondent/State.

Heard on IA No.21160 of 2022, which is the first application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant Ravi @ Jitendra Patel.

Appellant stood convicted under Sections 20(B)(II)(B) of the NDPS Act and sentenced to suffer R.I. for 10 years with fine of Rs.1,00,000/- with default stipulations vide judgment of conviction and order of sentence dated 20/10/2022 passed by Special Judge, NDPS Act, Shahdol, District Shahdol in Special Case No.5 of 2018.

Learned counsel for the appellant while seeking suspension of sentence inter alia submitted that the trial Court without appreciating the evidence wrongly convicted the appellant for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution.

During trial the appellant remained in custody w.e.f. 30/10/2017 to 01/10/2021 and is in custody since the date of judgment i.e. 20/10/2022, thus the appellant has remained in custody for more than four years and six months. This appeal is of the year 2022 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, application of appellant for suspension of sentence and grant of bail may be considered.

P er contra, learned Government Advocate while opposing the prayer, supported the judgment impugned. He contends that judgment impugned is Signature Not Verified Signed by: ANURAG SONI Signing time: 12-10-2023 10:02:20

passed upon proper evaluation of evidence placed on record, so the sentence of the appellant should not be suspended.

After hearing learned counsel for the parties, looking to the facts and circumstances of the case, the evidence available on record, and the fact that the appellant has already suffered more than four years and six months incarceration, this appeal is of the year 2022 and there is no likelihood of early hearing of the appeal in near future, in the obtaining facts and circumstances, present appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.21160 of 2022 stands allowed and it is directed that

the jail sentence of appellant-Ravi @ Jitendra Patel shall remained suspended during pendency of this appeal and he be released on bail on his depositing fine amount, if not already deposited and upon 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 for his appearance before the trial Court first on 18/12/2023 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

as

Signature Not Verified Signed by: ANURAG SONI Signing time: 12-10-2023 10:02:20