Madhya Pradesh High Court
Ranjeetsingh vs The State Of Madhya Pradesh on 13 September, 2023
Author: Sushrut Arvind Dharmadhikari
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IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
CRA No.4315 of 2023
(RANJEETSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 13-09-2023
Shri Vikas Jain, learned counsel for the appellant No.2 - Satnam
Singh.
Shri Bhuwan Gautam, learned Government Advocate for the State.
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Heard on I.A.No.13028/2023, which is first application for
suspension of jail sentence of the appellant No.2-Satnam 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.2
(Satnam Singh) has been falsely implicated and convicted in the case. He
has not committed the offence. He was neither the driver nor the owner
of the truck. He was only found inside the truck as a passenger. He
further submits that the 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.2 be suspended and he be
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 13-09-2023
18:43:59
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released on bail on the ground of parity as the co-accused - 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.2 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.2 and also on the ground of parity,
without expressing any opinion on the merits of the case,
I.A.No.13028/2023 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.2 Satnam 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
12.12.2023 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
Aiyer*
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 13-09-2023
18:43:59
