Satish Meena vs The State Of Madhya Pradesh
2024 Latest Caselaw 4390 MP

Madhya Pradesh High Court

Satish Meena vs The State Of Madhya Pradesh on 15 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                           CRA No. 16064 of 2023
             (SATISH MEENA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 15-02-2024
      Shri Gagan Sharma - Advocate for the appellants.

      Shri R.K. Awasthi - Public Prosecutor for respondent/State.

Heard on the question of admission.

The appeal being arguable is admitted for final hearing. Heard on I.A.No.23700 of 2023, first application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to the appellants.

The appeal has been preferred by the appellants under Section 374 of Cr.P.C. against the impugned judgment of conviction and sentence dated 18.12.2023 passed by Special Judge (NDPS Act), Guna (M.P.) in SC NDPS/14/2019 whereby appellants have been convicted and sentenced under Section 8/21 of NDPS Act to undergo rigorous imprisonment of three years each with fine of Rs.10000/- each, with default stipulations.

Learned counsel for the appellants argued that the Court below has wrongly convicted the appellants ignoring the material evidence on record. It is further argued that from the evidence of PW-6 Shivnandan at para 2, it is

apparent that the seized contraband was deposited in the Court after two years. In these period, the safe custody of contraband is not proved. From the perusal of para 27 of PW-10 Ashok Upadhayay also the safe custody of contraband is not proved. Independent seizure witnesses have not supported the case of the prosecution and turned hostile. From the perusal of Exhibit P-5, third option was given for search. Under these circumstances, the entire prosecution story becomes doubtful. Further submission is that appellants have already suffered

three months' incarceration out of total jail sentence. This criminal appeal is likely to take long time to come up for final hearing and appellants have hope and believe that they would succeed, therefore, prayed to suspend the jail sentence of the appellants.

On the other hand, learned Public Prosecutor for respondent /State opposed the application and prayed for rejection of the same.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, 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) each with one solvent

surety each in the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain suspended and they be released on bail. They are further directed to mark their presence before the Registry of this Court on 27.5.2024 and on subsequent dates as may be given in this regard till final disposal of this appeal.

List the 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

AK/-

ANAND KUMAR 2024.02.16 10:41:38 +05'30'