Matgendra Gautam vs The State Of Madhya Pradesh
2024 Latest Caselaw 16482 MP

Madhya Pradesh High Court

Matgendra Gautam vs The State Of Madhya Pradesh on 31 May, 2024

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 4634 of 2019
                                           (MATGENDRA GAUTAM Vs THE STATE OF MADHYA PRADESH)

                          Dated : 31-05-2024
                                 Shri Sandeep Jain - Advocate for the appellant.

                                 Shri Puneet Shroti - Government Advocate for the respondent/State.

The counsel for the appellant submits that he has moved I.A. No.10623/2024, which is the repeat (third) application filed under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant

of bail to the appellant.

Although, Shri Shroti prays for time to file objection, but considering the fact that on occasion i.e. on 20.03.2024 time was granted to the State to file objection and almost two months have passed despite that no objection is filed, therefore, we are not inclined to grant further time to the State in that regard. As such, the aforesaid application is taken-up for consideration.

Vide the impugned judgment dated 07.05.2019 passed by the Special Judge (NDPS Act) Anuppur in Special Case No.01/2017, the present appellant along with other accused persons has been convicted under Sections 20(b)(ii)

(c) r/w Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced thereunder to suffer R.I. for 14 years with fine of Rs.2,00,000/- with default stipulation.

Learned counsel for the appellant submits that the appellant has already suffered more than 7 years in incarceration and the sentence awarded to him is 14 years. He submits that one of the co-accused persons namely Shivsharan Singh has already been released on bail considering the custody period which he suffered and, therefore, the present appellant is claiming that to maintain

parity, his bail application may also be considered and remaining jail sentence be suspended. He also submits that appellant is ready to deposit the entire fine amount if bail is granted to him.

Although, Shri Puneet Shroti, learned counsel appearing for the respondent/State has opposed the prayer of bail, but considering the fact that other co-accused person namely Shivsharan Singh has already been granted bail considering his period of custody and present appellant has also suffered more than half of the sentence awarded, to maintain parity, we are inclined to allow the application for suspension of sentence and grant of bail to the appellant. Accordingly, I.A. No.10623/2024 is allowed.

It is directed that subject to appellant's depositing entire fine amount, his remaining jail sentence shall remain suspended and he shall be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance before the Registry of this Court on 23.09.2024 and on all such subsequent dates as may be fixed in this regard.

Accordingly, I.A. No.10623/2024 stands allowed and disposed of.

                             (SANJAY DWIVEDI)                                          (VISHAL DHAGAT)
                                  JUDGE                                                     JUDGE

                          ac/-