Manoj Jala @ Mohan vs The Director Of Revenu Intelligence ...
2025 Latest Caselaw 142 MP

Madhya Pradesh High Court

Manoj Jala @ Mohan vs The Director Of Revenu Intelligence ... on 1 April, 2025

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                                               1                                CRA-7986-2024
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                       CRA No. 7986 of 2024
                                (MANOJ JALA @ MOHAN Vs THE DIRECTOR OF REVENU INTELLIGENCE REGIONAL UNIT )



                           Dated : 01-04-2025
                                 Shri Pramendra Singh Thakur - Advocate for the appellant.
                                 Shri Gajendra Singh Thakur - Advocate for the respondent.

Record of the trial Court is available.

Heard on I.A. No.21903/2024, which is an application filed on behalf of the appellant for suspension of sentence and grant of bail.

Vide impugned judgment dated 26.02.2024 passed by the Special Judge (N.D.P.S. Act), Rewa, in Case No.SC NDPS/4/2020, the appellant has been convicted under Section 8/20(11)(C) of the NDPS Act and sentenced thereunder to suffer R.I. for 10 years with fine of Rs.1,00,000/-, with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the alleged offence. He submits that the Court below has not appreciated the evidence available in proper manner. He further submits that the appellant has already completed 5 years 6 months in

incarceration, as such, completed 1/2 of the sentence awarded against him. He submits that this appeal is of year 2024 and will take considerable time to be heard finally. Upon these grounds, it is prayed that the application for suspension of sentence and grant of bail may be considered.

On the other hand, learned counsel for the respondent opposes the application and submits that looking to the quantity of seized narcotic

2 CRA-7986-2024 substance and the fact that the present appellant is a resident of Orissa, he is not entitled to be released on bail because at the time of interception by the police, out of the accused persons, one has been absconded and till now, the police has failed to locate him. He submits that there is every likelihood that if the present appellant is released, then he would also not be located because he is a resident of State of Orissa. According to him, the application for suspension of sentence and grant of bail deserves to be rejected.

Considering the arguments advanced by learned counsel for the parties and on perusal of record, since the appellant has already completed 1/2 of the awarded sentence, this appeal is of year 2024 and will take time to be heard finally, I am inclined to enlarge the appellant on bail. Thus, without commenting anything on the merits of the case, I.A. No.21903/2024 is

allowed.

Accordingly, it is directed that remaining jail sentence awarded to the appellant shall remain suspended and he be released on bail subject to his depositing the amount of fine, if already not deposited, and upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with two local sureties of the like amount to the satisfaction of the trial Court concerned for his appearance before the Registry of this Court on 26.06.2025 and on such other dates as may be fixed in this regard.

Thus, I.A. No.21903/2024 is allowed and disposed of.

(SANJAY DWIVEDI) JUDGE

3 CRA-7986-2024 Prachi