Citation : 2024 Latest Caselaw 3789 MP
Judgement Date : 8 February, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 38 of 2020
(RAVI SINGH Vs UNION OF INDIA THROUGH NARCOTICS CONTROL BUREAU)
Dated : 08-02-2024
Shri Nitin Parashar - Advocate for appellant No.1 - Ravi Singh S/o
Triveni Prasad Singh.
Shri Manoj Kumar Soni - Advocate for respondent - Union of India,
Narcotics Control Bureau.
Heard on I.A. No.2073 of 2024, which is a repeat (THIRD) application
under Section 389 (1) of Code of Criminal Procedure, 1973 for suspension of remaining jail sentence and grant of bail filed on behalf of appellant No.1 - Ravi Singh S/o Triveni Prasad Singh.
Vide judgment and order dated 30.11.2019 passed by learned Special Judge (under NDPS Act), Indore, District Indore (M.P.) in Special Sessions Trial No.700014 of 2012, the present appellant has been convicted for offence under Section 8 (c) read with Section 21 (c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for twelve years with fine of Rs.1,00,000/- along with default
stipulation.
Vide order dated 23.03.2022, this Court has considered the application of the present appellant for suspension of jail sentence and rejected it by detailed and speaking order. Thereafter, second suspension application was filed and that was dismissed on 16.06.2023.
Now within a year, third application has been filed. Every time, Division Bench is not supposed to look into the entire record and consider repeat suspension / bail application, without there being any
change of circumstances. That consumes the time for hearing of old criminal appeals wherein accused persons are in jail since last more than 11-12 years.
Accordingly, I.A. No.2073 of 2024 stands dismissed.
(VIVEK RUSIA) (ANIL VERMA)
JUDGE JUDGE
rcp
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