Kishan @ Mangusingh @ Mangilal vs The State Of Madhya Pradesh
2024 Latest Caselaw 21123 MP

Madhya Pradesh High Court

Kishan @ Mangusingh @ Mangilal vs The State Of Madhya Pradesh on 5 August, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                              1                               CRA-631-2023
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 631 of 2023
                                    (KISHAN @ MANGUSINGH @ MANGILAL Vs THE STATE OF MADHYA PRADESH )



                           Dated : 05-08-2024
                                 Shri Abhay Saraswat - Advocate for appellant.

                                 Shri Santosh Singh Thakur - PP for State.

                                 Heard on IA No.11426/2023 which is second application under
                           Section 389 of Criminal Procedure Code, 1973, filed on behalf of appellant
                           who has been convicted by learned Addl. Special Judge, NDPS Act,

                           Mandsaur, in ST No.700002/2015 on 31.12.2022 whereby concited the
                           appellant u/S.8(C)/15(C) of NDPS Act and sentenced to undergo RI for 10
                           years with fine of Rs.1,00,000/- with default stipulation.
                                 Counsel for the appellant submits that appellant has already undergone
                           the sentence of more than 50% of the jail sentence awarded to him. He has
                           relied upon the decision rendered by the Division Bench in the case of
                           Sanjay vs. State of Madhya Pradesh (Criminal Appeal No.104 of 2015 dated
                           17.01.2022) wherein the Court after relying on the judgment passed by the
                           Apex Court in the case of Thana Singh vs. Central Bureau of Narcotics

                           passed in Civil Appeal No.1640/2010 dated 30.08.2010 held that if the
                           period of custody has been undergone by the accused for more than 50% of
                           the sentence i.e. awarded then the application for suspension of sentence may
                           be considered on the said ground. The appellant has already undergone more
                           than half of the jail sentence.
                                 Per contra, counsel for the respondent/State has opposed the

2 CRA-631-2023 application and prays for its rejection.

After hearing counsel for the parties, the application IA is allowed. It is directed that substantive jail sentence of appellant shall be suspended subject to depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 25.10.2024 and on all other subsequent dates as may be fixed by the Registry in this behalf.

Accordingly, application IA No.11426/2023 stands disposed of.

(VIJAY KUMAR SHUKLA) JUDGE

VM