Risham Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 15680 MP

Madhya Pradesh High Court

Risham Singh vs The State Of Madhya Pradesh on 27 May, 2024

Author: Prakash Chandra Gupta

Bench: Prakash Chandra Gupta

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 9736 of 2023
                                         (RISHAM SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-05-2024
                                  Shri Laveesh Sethia, learned counsel for the appellant.

                                  Ms. Varsha Singh Thakur, learned G.A. for the State.


                                  Heard on I.A. No.6657/2024, which is first application filed under
                           section 389 of the Cr.P.C. on behalf of appellant No.1-Risham Singh.
                                  2. The trial Court has convicted the appellant under Section 15 (C) of the

                           N.D.P.S. Act and sentenced to undergo 10 years of R.I. with fine of
                           Rs.1,00,000/- with default stipulation, vide judgment of conviction and order of
                           sentence dated 05.07.2023 passed by the Additional Special Judge, (N.D.P.S.
                           Act)    Bhanpura,       District    Mandsaur       (M.P.)     in    Special     Case
                           No.SC/NDPS/03/2020.
                                  3 . Learned counsel for the appellant submits that the appellant has not
                           committed any offence. He has falsely been implicated in the case. It is further
                           submitted that vide order dated 02.04.2024 the jail sentence of the co-accused
                           Kulwant Singh has been suspended and the case of the present appellant is

                           identical with the co-accused. It is also submitted that appellant is in custody
                           since 10.03.2020 to 21.10.2022 and thereafter from the date of judgment. Final
                           hearing of this appeal is not possible in near future therefore, it is prayed that the
                           remaining jail sentence of the appellant may be suspended and he may be
                           released on bail.
                                  4. Learned Govt. Advocate for the respondent/State has opposed the

prayer of the appellant and prayed for its rejection.

5. I have heard learned counsel for both the parties and perused the

record.

6 . Looking to the facts and circumstances of the case and also considering the custodial period of the appellant coupled with the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A. No.6657/2024, is allowed and the jail sentence of the appellant shall remain suspended.

7. It is directed that subject to depositing the fine amount, if already not deposited, appellant No.1-Risham Singh shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial

Court, for his appearance before the Registry of this Court firstly on 02.07.2024 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

8. List for final hearing in due course.

C.C. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

ajit