Madhya Pradesh High Court
Shravanaram vs Union Of India Through N.C.Cb. Mandsaur on 24 April, 2025
1 CRA-3103-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 3103 of 2025
(SHRAVANARAM Vs UNION OF INDIA THROUGH N.C.CB. MANDSAUR )
Dated : 24-04-2025
Appellant by Shri Abhay Saraswat - Advocate.
Respondent - Union of India, Narcotic Control Bureau by Shri Manoj
Kumar Soni - Advocate.
Heard on I.A. No.5680 of 2025 , first application under Section 430 of
BNSS, 2023 = Section 389 (1) of Code of Criminal Procedure, 1973 for grant of
bail and suspension of remaining jail sentence filed on behalf of appellant -
Shravanram S/o Oarasram Jat arising out of judgment and order dated 06.03.2025
passed in Special Sessions Trial bearing Number SC NDPS-28 of 2017 by learned
Fifth Additional Sessions Judge / Special Judge (NDPS Act), Mandsaur, District
Mandsaur (MP).
The appellant stands convicted under Section 8 read with 18 of Narcotic
Drugs & Psychotropic Substances Act, 1985 and sentenced to undergo three years
rigorous imprisonment with fine of Rs.10,000/- with usual default stipulation.
As per prosecution story, on 03.06.2017, total two kilograms of opium were
seized from the possession of the present appellant - driver of truck bearing
registration number RJ-21 GA-6566.
Learned counsel for the appellant submits that the appellant is innocent and
has been falsely implicated in the case. He further submits that from the
possession of the appellant two kilograms of opium have been seized. The
appellant has already suffered jail incarceration of six months and nineteen days
out of total three years RI imposed on him. The judgment is based of conjectures
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and surmises; it has been passed ignoring the serious infirmities, contradictions
and omissions. He has fair chances of success in this appeal and disposal of this
appeal may take sufficient long time. On these miscellaneous grounds, he urges
that the interlocutory application be allowed the execution of the remaining part of
the jail sentence of the appellant be suspended till the final disposal of this appeal.
Per contra, learned counsel appearing on behalf of respondent / State
opposes the prayer on the ground that the judgment is based on proper
appreciation of evidence, therefore, IA may be dismissed.
In view of the aforesaid factual backdrop, looking to the custody of the
appellant and coupled with the fact that the chances of final hearing of this appeal
in near future are bleak, without expressing any opinion on merit of the matter,
this Court is inclined to extent the benefit of suspension of the remaining custodial
sentence of the appellant.
Accordingly, application is allowed. Subject to deposit of fine amount, if
not already deposited the remaining jail sentence during the pendency of the
appeal is hereby suspended and it is directed that appellant be released on bail on
his furnishing personal bond in sum of Rs.1,00,000/- (Rupees One Lakh only)
with one solvent surety in the like amount to the satisfaction of learned 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 16/06/2025 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.
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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 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 do 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 Cr.P.C. / Section
491 of BNSS, 2023 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 appellant shall be
forwarded in custody to undergo sentence of imprisonment under intimation to the
Registry of this Court.
Accordingly, IA stands disposed off.
Let the matter be listed for final hearing in due course.
IA No.5679 of 2025 , an application for urgent hearing also stands disposed
off.
Certified copy, as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
