Shyamlal vs The State Of Madhya Pradesh
2025 Latest Caselaw 3827 MP

Madhya Pradesh High Court

Shyamlal vs The State Of Madhya Pradesh on 12 August, 2025

                                                            1                             CRA-2568-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                    CRA No. 2568 of 2024
                                             (SHYAMLAL Vs THE STATE OF MADHYA PRADESH )



                          Dated : 12-08-2025
                                Shri Abhishek Rathore - learned counsel for the appellant.
                                Shri Rahul Solanki G.A appearing on behalf of Advocate General.

                                Heard on IA No.1884/2025, which is second application under section
                          430(1) of the BNSS, 2023 seeking suspension of sentence on behalf
                          of appellant Shyamlal who has been convicted under sections 8(C)/15(C) r/w

                          section 25 the NDPS Act and sentenced to undergo 12 year R.I. and fine of
                          Rs.1,20,000/- with default stipulations vide judgment dated 22.12.2023 in
                          Special Case NDPS No.700015/15 by the ASJ and Special Judge, NDPS
                          Act, Mandsaur.
                                Counsel for the appellant submitted that appellant is innocent and he
                          has falsely been implicated in the aforementioned crime. It is further argued
                          that the appellant is a permit holder, his permit was issued for 9 Quintal & 20
                          Kgs. of Doda Chura but he has been convicted for criminal conspiracy to
                          transport 13 Quintal 38 Kgs. excess Doda Chura from the limits of the permit

                          in violation of the conditions of the permit whereas he has no knowledge
                          that excess Doda Chura was being carried by the co-accused. He has
                          undergone 3 years 2 months and 12 days period of custody which is
                          maximum of violation of conditions of the permit under Section 8/26(d) of
                          the N.D.P.S. Act. This appeal is of the year 2024 and its final disposal would
                          take considerable long time to conclude. Hence, in such circumstances,


Signature Not Verified
Signed by: varsha singh
Signing time: 8/12/2025
5:43:43 PM
                                                             2                              CRA-2568-2024
                          prayer is made to enlarge the appellant on bail.
                                Counsel for the respondent/State opposed the suspension application

but also submits that the appellant has no criminal past.

Considering the arguments advanced by the counsel for the appellant coupled with the fact that the appeal is of the year 2024 and its final disposal would take long time, without commenting on the merit of the case, the application (IA No.1884/2025) is allowed and it is directed that the execution of remaining jail sentence passed against appellant - Shyamlal shall remain suspended subject to his depositing the fine amount (if already not deposited) and furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the trial court for his appearance before the Registry of this Court on 20.11.2025

and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

C.C. as per rules.

List in due course.

(GAJENDRA SINGH) JUDGE

VS