Ranjeetsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 17915 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                      CRA No. 4315 of 2023
                                        (RANJEETSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-10-2023
                                 Shri Vikas Jain, learned counsel for the appellant.

                                 Shri K. K. Tiwari, learned Got. Advocate for the respondent/State.

1. Heard on I.A.No.15300/2023, which is first application for suspension of jail sentence of the appellant No.1-Ranjeet Singh, who stands convicted vide judgment dated 28.02.2023 passed by the Special Judge,

Narcotic Drugs and Psychotropic Substances Act, Ratlam (MP) in Special Sessions Trial No.07/2017 under Section 8/15 (C) of the NDPS Act and sentenced to undergo RI for 13 years.

2. The prosecution case found to be proved is that the present appellant and co-accused persons were found in possession of 5 Quintal 91 kilograms and 780 grams of Poppy Straw.

3. Learned counsel for the appellant submits that appellant No.1 (Ranjeet Singh) has been falsely implicated and convicted in the case. He has not committed the offence. He was the driver of the truck. In similar

circumstances this Court has already granted suspension of sentence to co- accused - appellant No.2 Satnam Singh and appellant No.3 - Nishant Singh @ Nisan Singh. He further submits that he has completed more than half of the sentence i.e. 6 and 1/2 years of jail sentence out of 13 years total sentence awarded to him. The appeal is of the year 2023 and the final disposal will take considerable time. Therefore, learned counsel for the appellant prays that the remaining jail sentence of the appellant No.1 - Ranjeet Singh be suspended and he be released on bail on the ground of parity as the co-accused - appellant Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 27-10-2023 18:24:16

No.2 Satnam Singh granted suspension by this Court vide order dated 13.09.2023 and appellant No.3 - Nishant Singh @ Nisan Singh granted suspension by this Court vide order dated 16.08.2023.

4. Learned counsel for the respondent/State opposes the prayer for suspension of jail sentence and prays for its rejection but has not disputed the fact that the appellant No.1 has completed about half of the jail sentence.

5. On due consideration of the facts and circumstances of the case, custody period of the appellant No.1 and also on the ground of parity, without expressing any opinion on the merits of the case, I.A.No.15300/2023 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.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the Trial Court, the substantive jail sentence of the appellant No.1 Ranjeet Singh 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 22.12.2023 and on all other subsequent dates, as may be fixed in this behalf by that Court.

Certified copy as per rule.

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

                           ns




Signature Not Verified
Signed by: NEERAJ
SARVATE
Signing time: 27-10-2023
18:24:16