Mubarik Khan vs The State Of Madhya Pradesh
2024 Latest Caselaw 5588 MP

Madhya Pradesh High Court

Mubarik Khan vs The State Of Madhya Pradesh on 23 February, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRA No. 4764 of 2023
                                              (MUBARIK KHAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 23-02-2024
                                 Ms Archana Maheshwari - Advocate for the appellant.

                                 Shri Gaurav Singh Chouhan - Government Advocate for the
                           respondents State.

Heard on I.A. No.7776/2023, which is first application filed under Section 389 (1) of Cr.P.C. for suspension of jail sentence and grant of bail

moved on behalf of appellant - Mubarik Khan

2. Appellant stands convicted vide judgment dated 02.11.2022 passed by the Special Judge, Narcotic Drugs and Psychotropic Substances Act, Ratlam in SC NDPS No. 14/2017 for offence under Section 18(b) of the NDPS Act and sentenced to undergo RI for 14 years with fine of Rs. 2,00,000/- and under Section 15(c) of NDPS Act and setneced to undergo 14 years RI with fine of Rs. 2,00,000/- with default stipulation.

3. Prosecution story found to be proved is that on 16.05.2022, secret information received from the informant that appellant with co-accused persons

collected huge quantity of poppy straw and had stored the same in a room on the ground floor of Sharif Khan's house. Contraband seized from the appellant and co-accused is 12.577 quintal. Acting upon the information, a raid was conducted. Accordingly case has been registered.

4. Learned counsel for the appellant submitted that in this case the independent witnesses are hostile. One accused has been acquitted by the trial Court. The poppy straw and opium was recovered from the joint possession of the appellant and the co-accused. The appellant is in custody since 17.05.

2017 i.e near about seven years have been passed. The appeal can't be heard finally in near future and be released on bail. He has also submitted that the co- ordinate Bench in CRA No. 4998 of 2023 (Mukesh Vs. State of M.P) dated 05.01.2024 relying upon the judgment passed in the case of Simranjeet Singh Vs. State of Punjab reported in 2023 Live Law SC 570 the said appellant has been released on bail on the ground that procedure laid down in 52-A of the NDPS Act has not been followed and, therefore, the remaining jail sentence may be suspended and appellant may be released on bail.

5. Learned Government Advocate Shri G.S. Chauhan for the respondent/State supported the impugned judgment and prays for rejection of

application for suspension of sentence and submitted that the trial Court had discussed the case law and submitted that 12.577 quintal contraband of poppy straw were recovered from the possession of the appellant hence the appellant is not entitled for suspension of sentence.

6. We have heard learned counsel for the parties and perused the record.

7. Having considered the rival submissions, so also the fact that final hearing of this appeal is not possible in near future therefore, considering the custodial period of the appellant, without expressing any opinion on the merits of the case, I.A.No.7776/2023 is allowed.

8. It is directed that subject to depositing the fine amount, if already not deposited, the substantive jail sentence of appellant Mubarik Khan shall remain suspended till the final disposal of the appeal and he be released on bail, on furnishing personal bond in the sum of Rs.4,00,000/- alongwith one solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry on 26.08.2024, and on such other dates, as may be fixed

time to time.

9. List the matter for final hearing in due course.

Certified copy, as per rules.

                              (S. A. DHARMADHIKARI)                                (DEVNARAYAN MISHRA)
                                       JUDGE                                              JUDGE

                           rashmi