Madhya Pradesh High Court
Ramchandra vs The State Of Madhya Pradesh on 15 April, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1 CRA-14360-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 14360 of 2023
(RAMCHANDRA Vs THE STATE OF MADHYA PRADESH )
Dated : 15-04-2025
Ms. Anamika Singh, Advocate for the appellant.
Shri Rajesh Joshi, Govt. Advocate for the respondent/State.
Heard on IA No.2551/2025, second application under Section 389(1) of
Cr.P.C./Section 430 of Bharatiya Nagraik Suraksha Sanhita moved on behalf of
appellant-Ramchandra seeking suspension of jail sentence and grant of bail. The
first application has been dismissed as withdrawn vide order dated 08.02.2024
with liberty to file fresh application after completion of 50% of actual jail
incarceration of the appellant.
Appellant- Ramchandra stood convicted under Section 8 (c) and 15(b) of
NDPS Act and sentenced to undergo 03 years' rigorous imprisonment with fine of
Rs.30,000/- with default stipulation vide judgment of conviction and order of
sentence dated 31.10.2023, passed by Special Judge (NDPS Act) Mandsaur(M.P.)
in ST No.20/2017.
Learned counsel for the appellant submits that the impugned judgment
passed by learned Trial Court is based on assumption, conjectures and surmises.
The learned Trial Court has committed an error in convicting and sentencing the
appellant without appreciating the prosecution evidence properly. The learned trial
Committed error in relying evidence of witnesses ignoring the inherent
inconsistencies and improbabilities in their evidence. There is no likelihood of
hearing of appeal in near future. On these grounds, learned Counsel prays that
execution of remaining sentence of imprisonment of the appellant may be
2 CRA-14360-2023
suspended and he may be enlarged on bail.
Per contra, learned Counsel for respondent State opposes the suspension
application on the ground of gravity of alleged offence and prays for its rejection.
The contentions of appellant has prima facie substance which deserve
consideration on merit. Appellant was in custody since 15.04.2017 to 06.07.2017
during trial and he did not misuse the liberty. The appellant is undergoing the
sentence of imprisonment since the date of impugned judgment i.e. 31.10.2023. He
has already undergone incarceration for more than 1 year and 8 months.
Upon hearing learned Counsel for the parties, but without commenting upon
rival contentions touching merits of the case, this Court is of the view that
application deserves to be allowed. It is, accordingly directed that execution of
remaining jail sentence of appellant - Ramchandra S/o Vajeer shall remain
suspended during pendency of this appeal and he shall be enlarged on bail subject
to furnishing personal bond in the sum of Rs.1,00,000/-(Rupees One Lac Only)
with one solvent surety in the like amount to the satisfaction of Trial Court for
compliance with following conditions:-
(1). The appellant shall deposit the amount of fine (if not deposited)
forthwith;
(2). The appellant shall appear before the Trial Court on 23.06.2025, and on
such further dates as may be directed by the Trial Court;
(3). The appellant shall ensure hearing of the appeal on the date fixed for
such hearing and shall also ensure proper legal representation on his behalf, on the
date notified for hearing.
In case of breach of any of the aforementioned conditions, this order
granting suspension of sentence shall become ineffective.
The Trial Court shall be authorized to grant exemption from attendance to
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the appellant on any date, on sufficient cause being shown [Chapter XIII Rule 42
Sub-Rule 2 of the M.P. High Court Rules, 2008].
Where the appellant does not appear on the date of his appearance before
the Trial Court and no sufficient cause for non-appearance is shown, the Trial
Court shall be authorized to issue non-bailable/bailable warrants to secure his
attendance under intimation to the Registry of High Court. The Trial Court shall
also proceed under Section 446 of CrPC against such appellant and his surety
without any reference to this Court and without any impediment of the order
granting bail. [Chapter XIII Rule 42 Sub-Rule 3 of M.P. High Court Rules, 2008].
On arrest/surrender in compliance with the warrant, the appellants shall be
forwarded in custody to undergo sentence of imprisonment under intimation to the
Registry of this Court.
Accordingly, IA No.2551/2025, stands allowed and disposed of.
List the matter for final hearing in due course.
(SANJEEV S KALGAONKAR)
JUDGE
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