Amjad Khan vs The State Of Madhya Pradesh
2024 Latest Caselaw 3472 MP

Madhya Pradesh High Court

Amjad Khan vs The State Of Madhya Pradesh on 6 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                      CRA No. 128 of 2024
                                             (AMJAD KHAN Vs THE STATE OF MADHYA PRADESH)

                         Dated : 06-02-2024
                               Mr. Faisal Ali Shah, Advocate for the appellant.

                               Mr. Rohit Shrivastava, Panel Lawyer for the respondent - State.

The appeal being arguable is admitted for final hearing. Heard on I.A. No.252 of 2024, first application under Section 389 of the Cr.P.C for suspension of jail sentence and grant of bail to the appellant.

Present criminal appeal has been filed under Section 374 of the Cr.P.C.

assailing the judgment of conviction and sentence dated 15.12.2023 passed by Special Sessions Judge, NDPS Act, District Shivpuri (M.P.) in S.S.T. No.03/2020, whereby appellant has been convicted and sentenced under Section 8/21 (B) of NDPS Act to undergo rigorous imprisonment of four years with fine of Rs.5000/- and under Section 29 of NDPS Act to undergo rigorous imprisonment of four years with fine of Rs.5000/-, with default stipulations.

Learned counsel for the appellant argued that learned trial Court has wrongly convicted the appellant without properly appreciating the evidence available on record. Smack has not been seized from the possession of the

present applicant. There are material contradictions and omissions in the statements of the prosecution witnesses. Independent witnesses of recovery have also not supported the case of the prosecution and turned hostile. Mandatory provisions of Section 50 of N.D.P.S. Act have also not been followed while seizing the contraband. It is further argued that appellant was on bail during trial and he did not misuse the liberty so granted. Present appeal is likely to take long time to come up for final hearing. Under these circumstances,

he prays for suspension of jail sentence of the appellant and grant of bail to him.

On the other hand, learned State counsel opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the record. Considering the arguments advanced by learned counsel for the parties, without commenting upon the merits of the case, application (I.A. No. 252 of 2024) is allowed and it is directed that subject to depositing of fine amount, if not already deposited, and on furnishing a personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court, remaining jail sentence of the appellant

shall remain suspended and he be released on bail. He is further directed to mark his presence before the Registry of this Court on 28.5.2024 and on subsequent dates as may be given in this regard.

List the case in due course.

A copy of this order be sent to the concerned Court below for necessary compliance.

E-copy/certified copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS