Madhya Pradesh High Court
Lalta Prasad Vaishya vs The State Of Madhya Pradesh on 3 October, 2024
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1 CRA-5548-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5548 of 2023
(LALTA PRASAD VAISHYA Vs THE STATE OF MADHYA PRADESH )
Dated : 03-10-2024
Shri Kapil Pathak -Advocate for the appellant.
Shri C.K Mishra -Government Advocate for the respondent/State.
Heard on I.A. No. 8781 of 2023 , which is first application filed on behalf of
the appellant for suspension of sentence and grant of bail.
The appellant has been convicted by the trial Court under Section 8(c) read
with Section 20(b) of the NDPS Act and sentenced to undergo R.I. for 5 years with
fine of Rs.5,000/- with default stipulation.
It is contended by learned counsel for appellant that there is failure on the
part of the prosecution to substantiate the allegations. It is further contended that
there is violation of the statutory provisions in the present case. There is no
compliance of section 52-A in the present case. However this aspect has escaped
from the attention of the trial court while convicting the present appellant. It is
further contended that allegation of seizure of 5 kg contraband, which is larger
than the small quantity lesser than the commercial quantity. The appellant during
trial was in custody for two months and 25 days and thereafter is in custody from
the date of judgment i.e 06.04.2023. Meaning thereby that the appellant has
suffered incarceration of 1 year and 8 months as of now. Therefore, the appellant
deserves to be enlarged on bail.
Per contra counsel for the State has opposed the prayer and submitted that
when the case in hand was initially registered against the appellant and he was
enlarged on bail but while being on bail, he committed another offence under the
2 CRA-5548-2023
provisions of NDPS Act, which was registered as Crime no. 1092 of 2021 and
there were allegations of seizure of 930 gms of contraband. It is thus contended
that considering the aforesaid conduct of the appellant, no case for grant of bail is
made out.
Heard submissions and perused the record.
Upon perusal of the record, it reflects that there was allegation of seizure of
5 kg contraband from the appellant. The appellant has suffered incarceration of 1
years and 8 months as of now as against the sentence of 5 years. Compliance as
regards section 52-A of NDPS Act is a debatable issue in the present appeal,
which is required to be considered at the time of final hearing. Thus taking into
consideration the overall facts and circumstances of the case, application is
allowed.
It is directed that the execution of the remaining jail sentence passed against
appellant Lalta Prasad Vaishya shall remain suspended during pendency of this
appeal and he shall be released on bail subject to depositing fine amount, if not
already deposited and upon their furnishing personal bond in the sum of
Rs.50,000/- (Rs. fifty thousand only ) with one surety each in like amount to the
satisfaction of the trial Court for his appearance before the trial Court on
12.02.2025 and on such further dates as may be fixed by trial Court in this regard
during the pendency of this appeal.
List the matter for final hearing in due course
(MANINDER S. BHATTI)
JUDGE
tarun
3 CRA-5548-2023
