Madhya Pradesh High Court
Rajeev Tiwari vs The State Of Madhya Pradesh on 13 October, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5432 of 2021
(RAJEEV TIWARI Vs THE STATE OF MADHYA PRADESH)
Dated : 13-10-2023
Shri Ghanshyam Pandey, Advocate for appellant.
Shri Manhar Dixit, Panel Lawyer for respondent-State.
Heard on I.A. No.20227/2023, application for suspension of sentence
and grant of bail to the appellant-Rajeev Tiwari arising out of judgment dated
12.08.2021 delivered in Special Case No.300019/2016 passed by Special Judge,
NDPS Act, Shahdol is taken up. Previous application for suspension of
sentence was dismissed as rendered infructuous.
T h e appellant has been convicted for the offence punishable under
Section 20(b)(ii)(c) of NDPS Act 1985 and sentenced to undergo R.I. for 12
years with fine of Rs.1.00 Lac with default stipulation.
Learned counsel for the appellant submits that as per prosecution story,
the present appellant with co-accused Rahul Tiwari were allegedly travelling in a
Tata Indigo Car from where the contraband material was allegedly seized. The
case of present appellant is similar to the case of co-accused Rahul Tiwari, who
got the benefit of suspension of sentence on 04.08.2023. Thus remaining jail
sentence of this appellant may be suspended on same terms.
Learned Govt. counsel opposes the prayer but did not dispute the factum
of parity.
This Court while granting benefit of suspension of sentence to Rahul
Tiwari recorded as under:-
"At the outset, learned counsel for the appellant submits that the
appellant has been convicted under Section 20(b)(II)(c) of N.D.P.S.,
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 10/17/2023
10:41:25 AM
Act and sentenced to undergo R.I. for 12 years and he has already
served more than 7 years in jail and there is no likelihood of appeal
being heard finally in near future, therefore, relying on Man Singh
Vs. Union of India (UOI), Cr.A.No.1057/2010 (Samvaiya and
another Vs. State of M.P.) passed on 03.11.2015, Shahejadkhan
Mahebubkhan Pathan Vs. State of Gujarat, (2013) 1 SCC 570,
Mohd. Rahees Vs. State of M.P., passed in Cr.A.No.126/2018
order dated 19.07.2023, Rajkishore Patel Vs. State of M.P.,
passed in Cr.A.No.3168/2021 dated 12.5.2023 and Laxmi
Narayan Patel Vs. State of M.P., passed in Cr.A.No.2561/2018
order dated 12.6.2023 submits that in view of the law laid down in
above cases, jail sentence of the appellant be suspended and he be
released on bail.
It is also submitted that vide seizure memo (Ex.P/15) only car has
been recovered from him and no contraband has been recovered
from him and seizure memo (Ex.P/16) shows that said contraband
has not been recovered from the car. Learned counsel for the
appellant after referring to evidence of Investigating Officer and to
various documents prepared by him on the spot, submits that in the
documents prepared by Investigating Officer on the spot, crime
number has been mentioned whereas at the time of preparation of
above documents, no FIR was registered, therefore, it shows that all
above documents have not been prepared on the spot instead they
have been prepared in the police station. Further, Investigating
Officer has not complied with the mandatory provisions of NDPS
Act. On above grounds, learned counsel for the appellant submits
that jail sentence of the appellant be suspended and he be released
on bail.
Learned G.A. for the State has opposed the application.
In view of the facts and circumstances of the case, including custody
period, which is more than half of the sentence imposed, we deem it
proper to suspend the jail sentence of the appellant.
Accordingly, I.A.No.1708/2023 is allowed."
Applying principles of parity, we deem it proper to give similar benefit to
this appellant.
Accordingly, I.A. No. 20227/2023 is allowed.
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 10/17/2023
10:41:25 AM
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of the appellant-Rajeev Tiwari is hereby suspended
and it is directed that the appellant be released on bail on his furnishing a
personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only)
with one solvent surety of the like amount to the satisfaction of the trial court
with a further direction to appear before the trial Court Shahdol on
04.12.2023 and also on such other dates as may be fixed by the trial court in
this regard during the pendency of this appeal.
Certified copy as per rules.
(SUJOY PAUL) (DWARKA DHISH BANSAL)
JUDGE JUDGE
Pallavi
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 10/17/2023
10:41:25 AM
