Madhya Pradesh High Court

Sharif Khan vs The State Of Madhya Pradesh on 9 May, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                                 1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        CRA No. 12168 of 2022
                                                 (SHARIF KHAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 09-05-2024
                                 Ms. Archana Maheshwari, learned counsel for the appellant.

                                 Shri Kushal Goyal, learned Deputy Advocate General for the
                           respondent / State.

Heard on I.A. No.6188/2024, which is an application for reducing the fine amount.

Learned counsel for the appellant submits that the trial Court has convicted the present appellant for commission of offence punishable under Section 18(b) & 15(c) of the Narcotic Drugs & Psychotropic Substances Act and sentenced to undergo 14 - 14 years' rigorous imprisonment along with fine of Rs.2,00,000/- under each sections. It is further submitted that vide order dated 21.03.2024, the execution of jail sentence of the appellant was suspended subject to depositing the entire fine amount, if not already deposited and upon furnishing personal bond in the sum of Rs.2,00,000/- with two equal sureties. It is further submitted due to poor financial condition, he is unable to deposit the

fine of Rs.2,00,000/- under each section and despite the benefit of suspension of jail sentence, he could not be released on bail. In such circumstances, it is prayed that the fine amount be reduced.

On due consideration and taking note of the poor financial condition of the appellant, I.A. No.6188/2024 is hereby allowed. The fine amount imposed by the trial Court vide judgment of conviction dated 02.11.2022 under Sections 18(b) & 15(c) of the NDPS Act imposing fine of Rs.2,00,000/- under each sections is hereby reduced to Rs.1,00,000/- under each sections. The appellant

be released on bail subject to depositing fine of Rs.1,00,000/- under each sections. Remaining terms and conditions of the order dated 21.03.2024 shall remain intact. We order accordingly.

List the appeal for final hearing in due course.

                              (S. A. DHARMADHIKARI)                                  (GAJENDRA SINGH)
                                       JUDGE                                              JUDGE

                           Ravi