Madhya Pradesh High Court
Hariprasad vs The State Of Madhya Pradesh on 29 April, 2025
1 CRA-867-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 867 of 2025
(HARIPRASAD Vs THE STATE OF MADHYA PRADESH )
Dated : 29-04-2025
Shri Abhay Saraswat - advocate for the petitioner.
Shri Hemant Sharma - Govt. Advocate for the respondent/State.
Heard on I.A. No.5777/2025, an application for urgent hearing.
2. On due consideration the same is allowed.
3. Also heard on the question of admission.
4. Being arguable, the appeal is admitted for final hearing.
5. Also heard on I.A.No.5778/2025, first application under Section 430
of Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to Section 389 of
Cr.P.C.) for suspension of remaining jail sentence and grant of bail on behalf
of the appellant-Hariprasad.
6. The appellant stands convicted under Sections 8(C)/21(B) of
Narcotic Drugs and Psychotropic Substances Act, and sentenced to undergo
6 years R.I. with fine of Rs.1,00,000/- and with default stipulations vide
judgment dated 31.12.2024 passed by Special Judge, (NDPS Act), Jawad,
District Neemuch.
7. Learned counsel for the appellant while taking exception to this
impugned judgment submits that appellant is innocent and he has been
falsely implicated in this matter. Prosecution evidence is shaky which has
been relied upon by the learned trial Court ignoring the basic principles of
criminal jurisprudence. Only non commercial quantity of 100 grams of
2 CRA-867-2025
Brown Sugar has been recovered from the possession of the present
appellant. Trial Court has not appreciated the evidence in its right
perspective. There are material contradictions and omissions in the statement
of the witnesses. Impugned judgment suffers from surmises and conjectures
and has been passed ignoring serious infirmities and anomalies. There are
fair chances of success in the appeal. Appellant has already suffered
incarceration of 2 years and 3 months out of 6 years total sentence. The
appeal being of the year 2025 is not likely to be heard finally in near future.
Hence, under such circumstances prayer is made for suspension of jail
sentence and grant of bail.
8. Per contra, learned Govt. Advocate, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant therefore, prays for dismissal of the application,
however it is fairly admitted that non-commercial quantity of brown sugar
has been recovered from the appellant.
8. Heard learned counsel for the parties and perused the record.
9. Considering the aforesaid factual backdrop, looking to the evidence
available in entirety, the quantity of contraband seized, all the facts and
circumstances of the case coupled with the fact that possibility of final
hearing of this appeal in near future is bleak, without expressing any
conclusive opinion on merits, I find it to be a fit case to suspend the
remaining custodial sentence of the appellant.
3 CRA-867-2025
10.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.50,000/-
(Rupees Fifty Thousand 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 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.
11. 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].
12. 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.
13. The Trial Court shall also proceed under Section 446 of Cr.P.C. /
4 CRA-867-2025
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].
14. 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.
15. Accordingly, both the I.As. stands allowed and disposed off.
16. Registry is directed to list the matter for final hearing in due
course.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
sumathi
