Ramnarayan Vaishnav vs The State Of Madhya Pradesh
2024 Latest Caselaw 5791 MP

Madhya Pradesh High Court

Ramnarayan Vaishnav vs The State Of Madhya Pradesh on 26 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 1492 of 2024
                                           (RAMNARAYAN VAISHNAV Vs THE STATE OF MADHYA PRADESH)

                          Dated : 26-02-2024
                                Mr. Jitendra Kumar Sharma, Advocate for the appellant.

                                Mr. Girraj Soni, Panel Lawyer for the respondent - State.

Heard on the question of admission.

The appeal, being arguable, is admitted for final hearing. Heard on I.A. No. 1961 of 2024, which is first application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail filed by

the appellant.

This Criminal Appeal assails the judgment dated 17.1.2024 passed by the Special Judge (N.D.P.S. Act), Sheopur, District Sheopur (M.P.) in SC NDPS No.02/2021, whereby appellant has been convicted and sentenced under Section 20 (A) (i) of N.D.P.S. Act to undergo rigorous imprisonment of three years with fine of Rs.5,000/-, with default stipulation.

Learned counsel for the appellant submits that the trial Court has erred in convicting the appellant without considering the fact that there is no evidence to show that appellant is a pujari of the temple which is the property of aukaf for

which pujari is appointed. It is further submitted that PW-8, concerned Patwari, in his cross-examination specifically stated that there is no document to show that the field belongs to the temple and is part of Survey No. 160. There is nothing on record to show that appellant has possession over the land where plants of cannabis were found. Further submission is that the appellant has already served almost one month of incarceration out of total jail sentence of three years. The the appeal is likely to take long time to conclude. Appellant has

hope and believe that he would succeed. Hence, he prayed to suspend the jail sentence and grant of bail to appellant looking to the short period of jail sentence.

Learned Panel Lawyer for the respondent/State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.1961 of 2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on

furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court on 21.5.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List this 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

AKS