Madhya Pradesh High Court

Dilkhush Mali vs The State Of Madhya Pradesh on 2 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 3360 of 2024
                                              (DILKHUSH MALI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 02-05-2024
                                 Mr. Siddharth Sijoria - Advocate for the appellant.

                                 Mr. Dinesh Savita - 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. 5119 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 20.02.2024 passed by the Special Judge (NDPS Act), Sheopur, (M.P.) in SC NDPS No.09/2021, whereby appellant has been convicted and sentenced under Section 20(b)(ii)(B) of NDPS Act to undergo rigorous imprisonment of 3 years with fine of Rs.5,000/- with default stipulations.

Learned counsel for the appellant argued that the appellant has wrongly been convicted by the trial Court ignoring the fact that mandatory provision under Section 52-A of NDPS Act has not been complied with while seizing the

contraband which is evident from para 16 of the judgment itself. According to which for compliance of provision under Section 52-A of NDPS Act, the seized contraband has been sent to Tahsildar not to the Magistrate. In support of his contention, he has relied upon the judgment decided by Honble Supreme Court in the case of Simarnjit Singh Vs. State of Punjab, reported in 2023 Live Law (SC) 570. Independent witnesses of recovery have also not supported the case of the prosecution and turned hostile. It is further argued

that appellant was on bail during trial and he did not misuse the liberty so granted. He has already served incarceration around two months out of total sentence of 3 years. Present appeal is likely to take long time to come up for final hearing. Under these circumstances, he prays for suspension of jail sentence of the appellant and grant of bail to him.

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.5119 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 o n 26.08.2024 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

(LJ*)