Ramswarup Ojha vs The State Of Madhya Pradesh
2023 Latest Caselaw 17934 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 12082 of 2023 (RAMSWARUP OJHA Vs THE STATE OF MADHYA PRADESH)

Dated : 27-10-2023 Shri Ajay Raghuvanshi, learned counsel for the appellant.

Shri Dheeraj Kumar Budholiya -P.L.- appearing on behalf of Advocate General.

Heard on the question of admission.

This appeal appears to be arguable, hence, it is admitted for final hearing.

Also heard on I.A. No. 17553 of 2023, an application under Section 389 (1) of Cr.P.C for suspension of jail sentence and grant of bail to the appellant/Ramswarup Ojha.

The appellant has filed this criminal appeal under section 374 of Cr.P.C. assailing the impugned judgment of conviction and order of sentence dated 28/08/2023 passed by Special Judge, NDPS, Dist. Guna in SCNDPS No. 01/2018, whereby, the appellant has been convicted under section 8 r/w section 20 (a) & section 8 r/w section 20 (b) (ii)(a) of NDPS Act and sentenced to undergo maximum rigorous imprisonment of Three Years with maximum fine of

Rs. 10,000/- with default stipulation.

Learned counsel for the appellant argued that the Court below has wrongly appreciated the evidence and convicted the appellant. There are material contradictions and omissions in the statements of the prosecution witnesses. Learned Court below has ignored to appreciate the evidence properly. It is further argued that independent witnesses of all the Panchanamas PW/1 Kailash Dhakad and PW/2 Bharat Singh have not supported the story of Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 28-10-2023 10:56:48 AM

the prosecution and have turned hostile. Even PW/9 Rashid Khan, who brought the weighing machine has also not supported the story of the prosecution and has turned hostile. PW/5 (Patwari) Raj Pal Singh Dhakad in his cross examination has specifically mentioned that he did not find plants of Ganja planted in the field and it was the police who informed him about the red circle in Ex. P/21. In these circumstances, the entire prosecution story becomes doubtful. It is further submitted that appellant has already served Five months of incarceration out of total awarded sentence of three years. Under these circumstances, he prayed to suspend the jail sentence of the appellant and release him on bail.

On the other hand, learned State counsel opposed the application and prayed for rejection of the same.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No.17553 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.100,000/- (Rupees One Lakh only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court o n 21.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 28-10-2023 10:56:48 AM

(SUNITA YADAV) JUDGE Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 28-10-2023 10:56:48 AM