Bhagwandas Rathore vs The State Of Mp
2024 Latest Caselaw 5693 MP

Madhya Pradesh High Court

Bhagwandas Rathore vs The State Of Mp on 23 February, 2024

Author: Chief Justice

Bench: Chief Justice

                                                                  1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 5464 of 2023
                                          (BHAGWANDAS RATHORE AND OTHERS Vs THE STATE OF MP)

                      Dated : 23-02-2024
                            Shri Brajesh Kumar Mishra - Advocate for appellants.

                            Shri Pramod Thakre - Public Prosecutor for State.

                            IA No.16902 of 2023 is the first application preferred under Section 389 (1) of
                     Cr.P.C on behalf of appellant/accused Vinod Kumar Rathore for suspension of
                     execution of sentence and to enlarge the appellant on bail.

                            Appellant/accused Vinod Kumar Rathore has been convicted under Section 20(b)
                     (ii)(C) of NDPS Act, 1985 and sentenced to 12 years R.I. and Rs.1,00,000/- fine with
                     default stipulations vide judgment dated 05.04.2023.
                            Prosecution case as found proved by the trial Court is that on 10.09.2020 between
                     16:00 to 20:00 PM, a contraband (Ganja) of 3 quintal, 1 kilogram and 500 gram was
                     seized from the conscious possession of appellant/accused and other co-accused namely
                     Bhagwan Das Rathore, Ramadhar Rathore and Chetan Singh Gond.
                            State has opposed the application.
                            Considering the connecting evidence against appellant/accused Vinod Kumar

                     Rathore vide testimony of Sub-Inspector H.S. Shukla (PW-18) in para - 44 of the
                     judgment and quantum of contraband, at present appellant/accused does not deserve for
                     suspension of execution of sentence and enlarge the appellant on bail.
                            Hence, IA No.16902 of 2023 is rejected.


                           (RAVI MALIMATH)                                               (GAJENDRA SINGH)
                             CHIEF JUSTICE                                                     JUDGE

DPS