Vikram vs The State Of Madhya Pradesh
2023 Latest Caselaw 18177 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     CRA No. 2799 of 2023
                                               (VIKRAM Vs THE STATE OF MADHYA PRADESH)

                         Dated : 31-10-2023
                               Shri Santosh Kumar Meena - Advocate for the appellant.

                               Ms. Bhagyashree Gupta - Govt. Advocate for the respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing. Also, heard on I.A. No.16399/2023, 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 - Vikram.

2. Learned trial Court has convicted the appellant under Section 8(C)/15(C) of NDPS Act and sentenced him to undergo RI for 10 years with fine of Rs.1,00,000/- with default stipulations vide judgement of conviction and order of sentence dated 29.12.2022 passed by the Additional Special Judge, NDPS Act, Mandsaur in Sessions Trial No.700029/2014.

3. Prosecution story, in brief, is that on 04.07.2014, at around 4 p.m., the co-accused Ganpat, present appellant Vikram and Jujjar were found in

possession of 19.500 kg, 19.500 kg. and 20.600 kg of poppy straw respectively without having any license or authority.

4 . Learned counsel for the appellant submits that appellant has falsely been implicated in the case. The seized contraband from the appellant is non- commercial quantity. The mandatory provisions as provided under section 52- A of the N.D.P.S. Act has not been complied with by the prosecution. There are material contradictions and omissions in the statement of the witnesses. The offence has not been proved beyond reasonable doubt against the appellant. Signature Not Verified Signed by: SHRUTI JHA Signing time: 01-11-

2023 10:21:09

The trial Court has not considered the aforesaid points properly in the impugned judgment. The appellant has no criminal antecedents. Final hearing of the appeal will take considerable long time for its conclusion. Therefore, it is prayed that remaining jail sentence of the appellant may be suspended and he may be granted bail.

5 . Learned Govt. Advocate opposes the prayer made by the appellant and prays 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 ap p lic atio n I.A. No.16399/2023 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- Vikram 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 04.01.2024, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

9. List for final hearing in due course.

C.C. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE Signature Not Verified Signed by: SHRUTI JHA Signing time: 01-11-

2023 10:21:09

Shruti

Signature Not Verified Signed by: SHRUTI JHA Signing time: 01-11-

2023 10:21:09