Julphakar Ali @ Ramjan vs The State Of Madhya Pradesh
2024 Latest Caselaw 13673 MP

Madhya Pradesh High Court

Julphakar Ali @ Ramjan vs The State Of Madhya Pradesh on 10 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 5636 of 2024
                                          (JULPHAKAR ALI @ RAMJAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-05-2024
                                 Shri Rajendra Singh Yadav - Advocate for appellant.

                                 Shri A.K. Nirankari - Public Prosecutor for respondent/State.

Heard on I.A.No.9168 of 2024, first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant with an alternative prayer for grant of temporary bail as record has not been received.

The appeal has been preferred by the appellant under Section 374 of the

Cr.P.C. against the impugned judgment of conviction and sentence dated 26.04.2024 passed by Special Judge (NDPS Act), Vidisha (M.P.) in Special NDPS Case No.22/2021 whereby, the appellant stood convicted under Section 8 r/w. Section 21(B) of NDPS Act and sentenced to undergo rigorous imprisonment of two years with fine of Rs.3,000/- with default stipulation.

Learned counsel for the appellant submitted that learned trial Court has wrongly convicted the appellant without appreciating the evidence on merit. Further submission is that there are material omissions and contradictions in the statement of the prosecution witnesses. It is further argued that mandatory

provisions of Section 50 of N.D.P.S. Act have also not been followed while seizing the contraband. The quantity which is seized does not come within the purview of commercial quantity. The appellant has already served three and a half months of incarceration out of total jail sentenced awarded to him. Therefore, learned counsel for appellant prayed to suspend the jail sentence of the appellant for a limited period.

Per contra, learned Public Prosecutor for respondent/State 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, it is directed that subject to depositing of fine amount, if not already deposited, and on furnishing a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand 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 temporarily suspended for a period of three months from today and he be released on bail.

List the case on 01.07.2024.

Meanwhile, Registry is directed to call the record of the Court below. 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

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