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Madhya Pradesh High Court
Dhan Pat Tiwari vs The State Of Madhya Pradesh on 11 December, 2025
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
1 CRR-5711-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 5711 of 2025
(DHAN PAT TIWARI Vs THE STATE OF MADHYA PRADESH )
Dated : 11-12-2025
Shri Prahlad Choudhary - Senior Counsel assisted by Shri V.K.
Badharia - Advocate for the applicant.
Shri Vijay Pandey - Dy. Govt. Adv. for State of M.P.
Call for the records.
Heard on admission.
The revision is admitted for final hearing.
Also heard on I.A. No.28214/2025, first application under Section
438 (1) of B.N.S.S., 2023 for suspension of remaining jail sentence and
grant of bail filed on behalf of applicant - Dhanpat Tiwari.
The applicant is aggrieved of the judgment dated 7th October 2025
passed by the learned Additional Session Judge, Jaisinghnagar, District
Shahdol (M.P.) in CRA No.01/2022 whereby the appeal of the appellant
therein has been dismissed arising out of the judgment dated 15.12.2021
passed by the learned Judicial Magistrate, First Class, Jaisinghnagar,
District Shahdol in RCT No.805 of 2012, whereby, applicant has been
convicted and sentenced to undergo R.I. for six months and fine of
Rs.2000/- with default stipulation of S.I. for 30 days under Section 20
(b) (ii) (a) of N.D.P.S. Act.
Learned counsel for the applicant submits that if applicant is in jail
2 CRR-5711-2025
since 18.11.2025 and if he is not released on bail, then the purpose of
filing this revision would become futile. Therefore, it is prayed that
execution of jail sentence of the applicant be suspended and he be
released on bail.
Learned counsel for the applicant further submits that regarding
the case of suspension of sentence in case of conviction under N.D.P.S.
Act, Hon'ble Supreme Court in the case of Dadu @ Tulsidar Vs. State
of M.P. Maharashtra in Writ Petition (Criminal) No. 169 of 1999 with
W.P. (Criminal) No. 243 of 1999 decided on 12.10.2000 has held that
Section 32-A of N.D.P.S. Act as regards to taking away power of the
court regarding grant of suspension in a case of N.P.D.S. Act is
unconstitutional.
He also placed reliance on the order of this court Bench at
Gwalior in Cr. R. No.4798 of 2024 (Ajit Prajpati Vs. State of M.P.)
whereby the bench at Gwalior has directed the applicant to file fresh
application for suspension of sentence before the appellate court as and
when such application is filed the same shall be decided in accordance
with law. In that case allegation was that the accused was found in
possession 67.12 bulk literes of country made liquor and a bundle
containing 950 grams of Ganja and therefore a case under N.D.P.S. was
instituted and after the trial he was convicted under Section 34 (2) of
M.P. Excise Act and under Section 8/20 of N.D.P.S. Act.
In the present case the applicant was found in possession of 350
3 CRR-5711-2025
grams of Ganja and convicted and sentenced as stated above.
In the light of above learned Counsel for the State does not object
the power regarding grant of bail but he submits that on merits the bail
should be rejected.
Heard learned counsel for the parties.
After perusal of the record and hearing the arguments and the fact
that final hearing of this revision may take time, without expressing any
opinion on merits of the case, I deem it proper to suspend the remaining
jail sentence of the applicant.
Accordingly, I.A. No.28214/2025 is allowed.
It is directed that subject of the fine amount in the trial court by the
applicant and on his furnishing a personal bond for a sum of
Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the
like amount to the satisfaction of the Trial Court for his appearance
before the Trial Court on the dates as may be fixed by the Trial Court,
the execution of remaining part of jail sentence imposed upon applicant
shall remain suspended and he shall be released on bail till final disposal
of the revision.
Applicant shall follow the conditions of Section 438 (3) for
suspension of sentence as under:-
(a) that such person shall attend in accordance with the conditions
of the bond executed under this Chapter;
(b) that such person shall not commit an offence similar to the
4 CRR-5711-2025
offence of which he is accused, or suspected, of the commission of
which he is suspected; and,
(c) that such person shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of
the case so as to dissuade him from disclosing such facts to the Court or
to any police officer or tamper with the evidence.
List the case for final hearing in due course.
C.C. as per rule.
(AVANINDRA KUMAR SINGH)
JUDGE
bks
