Umashankar Yadav vs The State Of Madhya Pradesh
2024 Latest Caselaw 15722 MP

Madhya Pradesh High Court

Umashankar Yadav vs The State Of Madhya Pradesh on 27 May, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 10060 of 2023
                                           (UMASHANKAR YADAV Vs THE STATE OF MADHYA PRADESH)

                          Dated : 27-05-2024
                                Shri Pankaj Vishwakarma - Advocate for the appellant.

                                Shri Amit Garg - Panel Lawyer for the respondent/State.

Heard on I.A No.63/2024, which is second application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant. His first application (I.A. No.18970/2023) was dismissed for want

of prosecution vide order dated 20.11.2023.

The appellant has been convicted for the offence punishable under Section 8C, 20(b)(ii-C) r/w Section 29 of NDPS Act and sentenced to undergo R.I. for 10 years with fine or Rs.1,00,000/-, with default stipulations.

Learned counsel for the appellant submits that appellant is innocent and has falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offence. T he maximum jail sentence of appellant is ten years. The appeal would take

considerable time to conclude. He is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State opposed the application and prayed for its rejection.

The application under consideration has been argued on the ground that compliance of Section 52-A of NDPS Act was not ensured while drawing the

samples of ganja and entire quantity of ganja was made homogenous before drawing the samples.

Learned counsel for the appellants has very aptly relied on the decision of Co-ordinate Bench of this Court delivered in M.Cr.C. No.30722/2022 and Cr.A. No.1173/2015. In both these cases, the Court observed that mixing the contents of all the bags together contaminated the entire proceeding of drawing the samples and for this fact alone, the judgment of acquittal was passed in Cr.A. No.1173/2015 by Division Bench.

Taking all these facts into consideration, this repeat application for seeking suspension of sentence is allowed.

It is directed that subject to deposit of fine amount, if already not deposited and on furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till final disposal of this appeal. The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 26.08.2024 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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