Mishrilal vs The State Of Madhya Pradesh
2024 Latest Caselaw 3182 MP

Madhya Pradesh High Court

Mishrilal vs The State Of Madhya Pradesh on 2 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 9893 of 2023
                                                (MISHRILAL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 02-02-2024
                                 Shri Ratan Kumar Verma, Advocate for the appellant.

                                 Ms. Kalapana Parmar, Public Prosecutor for the respondent - State.

Heard on I.A. No.15232 of 2023, which is first application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail filed by the appellant.

This Criminal Appeal assails the judgment dated 30.06.2023 passed by

t h e Special Judge, N.D.P.S. Act, Guna (M.P.) in SCNDPS No.02/2018, whereby appellant has been convicted and sentenced under Section 8/20 of N.D.P.S. Act to undergo rigorous imprisonment of five years with fine of Rs.25,000/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without properly appreciating the materials available on record. It is further argued that (PW-5) Patwari Chandan Singh in his cross- examination at para 3 to 5 specifically mentioned that he had no record to show that the field where ganja plants were seized belong to present

appellant/accused. Even he has admitted that on the same day two cases were prepared and he prepared Exh.D/1 and according to Exh.D/1 the field belong to Gangagram not present appellant, in these circumstances, entire prosecution story becomes doubtful. There are material omissions and contradictions in the statements of the other prosecution witnesses. Further submission is that appellant who is aged about 75 years has already suffered 10 months of incarceration out of total jail sentence awarded to him. The appeal is likely to

take long time to conclude. Hence, he prayed to suspend the jail sentence and grant of bail to appellant.

Learned counsel for the respondent/State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.15232 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh Only) with one

solvent surety 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 20.05.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List this 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.

(SUNITA YADAV) JUDGE

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