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Madhya Pradesh High Court
Mazhar @ Ganja vs The State Of Madhya Pradesh on 29 December, 2025
1 CRA-9703-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 9703 of 2025
(MAZHAR @ GANJA Vs THE STATE OF MADHYA PRADESH )
Dated : 29-12-2025
Appellant (s) by Shri Sanjay Kumar Sharma - Advocate.
Respondent - State of Madhya Pradesh by Shri Rajwardhan Gawde - Government
Advocate appearing on behalf of the Advocate General.
Let the record be requisitioned, if not already received.
Heard on IA No.17676 of 2025 , which is an application for suspension of
sentence of the appellant filed under Section 430 (1) of Bhartiya Nagrik Suraksha
Sanhita, 2023 = Section 389 (1) of the Code of Criminal Procedure, 1973.
Vide judgment of conviction and order of sentence dated 08.09.2025 passed in
Special Sessions Trial No.01 of 2017 by learned Special Judge (under NDPS Act),
Ratlam, District Ratlam (MP), the present appellant has been convicted under Section 8
read with Section 20 (b) (ii) (B) of the Narcotic Drugs & Psychotropic Substances Act,
1985 and sentenced to undergo rigorous imprisonment for a period of four years with
fine of Rs.10,000/- along with default stipulation.
As per the prosecution story, it is alleged that the appellant was found involved
in recovery of a quantity of 3 Kilogram of ganja.
Learned counsel for the appellant while taking exception to this impugned
judgment submits that appellant is innocent and has been falsely implicated in this
matter. Trial Court has not appreciated the evidence in its right perspective. There are
material contradictions and omissions in the statement of the witnesses. The impugned
judgment suffers from surmises and conjectures. It is fairly submitted that there is no
criminal record of the present appellant. Learned counsel for the appellant has further
submitted that the appellant is behind the bar for more that eight years. It is also
submitted that the appeal being of the year 2025 is not likely to be heard finally in near
2 CRA-9703-2025
future. There is a strong case in favour of the appellant and fair chance of success.
Hence, under such circumstances, a prayer is made for suspension of jail sentence and
grant of bail.
The prayer for suspension of sentence is opposed by the learned counsel for the
State.
Having considered the rival submissions and taking note of the fact that the
appeal is not likely to be heard at an early date, without expressing any opinion on
merits of the case, IA No.17676 of 2025 is allowed and it is directed that he be released
on bail, upon depositing fine amount, if not already deposited and on furnishing a
personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only)
with two solvent sureties in the like amount to the satisfaction of the learned trial Court,
for his regular appearance before the Registry of this Court, the execution of the
custodial part of the sentence imposed against appellant Mazhar @ Ganja S/o Nasir
Khan shall remain suspended, till the final disposal of this appeal.
The appellant after being enlarged on bail, shall mark his presence before the
Registry of this Court on 30.01.2026 and on all such subsequent dates, as may be fixed
by the Registry of this Court in this regard.
In view of listing of the case, IA No.18013 of 2025 stands disposed off.
C. c. as per rules.
(HIMANSHU JOSHI)
V. JUDGE
rcp
