Mahendra Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 21492 MP

Madhya Pradesh High Court

Mahendra Singh vs The State Of Madhya Pradesh on 7 August, 2024

                                                              1                                CRA-6693-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                         CRA No. 6693 of 2024
                                            (MAHENDRA SINGH Vs THE STATE OF MADHYA PRADESH )



                           Dated : 07-08-2024
                                 Appellant by Shri Santosh Kumar Meena - Advocate.
                                 Respondent - State of Madhya Pradesh by Shri Rajesh Joshi -

Government Advocate appearing on behalf of Advocate General.

Heard on admission.

This appeal under Section 374 of Code of Criminal Procedure, 1973 is

admitted for final hearing.

Also heard on I.A. No.8958 of 2024 , first application under Section 389 (1) of Code of Criminal Procedure, 1973 for grant of bail and suspension of remaining jail sentence filed on behalf of appellant Mahendra Singh S/o Sardar Singh arising out of judgment and order dated 11.05.2024 passed in Special Sessions Trial bearing Number SC NDPS-700036/2016 (19 of 2016) by learned Fifth Additional Sessions Judge (under NDPS Act), Mandsaur, District Mandsaur (MP).

The appellant stands convicted under Section 8 read with 18 (c) of

Narcotic Drugs & Psychotropic Substances Act, 1985 and sentenced to undergo four years rigorous imprisonment with fine of Rs.25,000/- with usual default stipulation.

As per prosecution story, on 28.10.2016, a quantity of 2.200 kilograms of opium was seized from the joint possession of Mahendra Singh S/o Sardar Singh (the present appellant) and Dinesh S/o Heeralal.

2 CRA-6693-2024 Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the case. He further submits that from the joint possession of the appellant and co-accused person a quantity of 220 kilograms of opium has been seized, which is more than small quantity and less then commercial quantity. He has fair chances of success in this appeal and disposal of this appeal may take sufficient long time. On these miscellaneous grounds, he urges that the interlocutory application be allowed the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

Per contra, learned counsel appearing on behalf of respondent / State opposes the prayer on the ground that the judgment is based on proper

appreciation of evidence, therefore, IA may be dismissed. He further submits that one more case vide Crime No.470 of 2025 for offence under Section 34 (2) of Madhya Pradesh Excise Act, 1915 was also registered against him.

In view of the factual backdrop and coupled with the fact that the chances of final hearing of this appeal in near future are bleak, without expressing any opinion on merit of the matter, this Court is inclined to extent the benefit of suspension of the remaining custodial sentence of the appellant.

Accordingly, I.A.No.8958 of 2024 is allowed and it is directed that subject to deposit of fine amount (if not already deposited) and furnishing a personal bond in the sum of Rs.50,000/- (Rupees Seventy Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of

3 CRA-6693-2024 learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended and he be released on bail, till final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 12.09.2024 and on all such subsequent dates, which are fixed by the Registry in this behalf.

Accordingly, IA stands disposed off.

Let the matter be listed for final hearing along with connected appeal. Certified copy, as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

rcp