Madhya Pradesh High Court
Dayaram vs The State Of Madhya Pradesh on 27 February, 2025
1 CRA-14451-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 14451 of 2024
(DAYARAM Vs THE STATE OF MADHYA PRADESH )
Dated : 27-02-2025
Shri Anil Ojha, learned counsel for the appellant.
Shri Kshitj Vyas, learned Public Prosecutor for the respondent/State.
On due consideration, IA No.1360/2025 stands disposed of.
Also heard on IA No.2178 of 2025 , second application under Section
430 (1) of Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to Section
389 (1) of Cr.P.C.) for suspension of remaining jail sentence and grant of
bail on behalf of appellant Dayaram. First application was dismissed as
withdrawn vide order dated 27.01.2025.
Vide judgment and order dated 18.12.2024 delivered in SC NDPS
No.785/2014 by learned Special Judge, NDPS Act, Garoth, Dist. Mandsaur
(MP), the appellant stands convicted under Sections 8, 18(c) of NDPS Act
and sentenced to undergo rigorous imprisonment for a term of 4 years
imprisonment with fine of Rs.20,000/- with usual default stipulation.
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. 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
2 CRA-14451-2024
anomalies. He submits that the appellant has suffered incarceration of 5
months & 22 days during the trial and after the date of judgment i.e.
18.12.2024, he is behind the bar. The appeal being of the year 2024 is not
likely to be heard finally in near future. There is a strong case in favour of
the appellant. Hence, under such circumstances prayer is made for
suspension of jail sentence and grant of bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State opposed the prayer in view of manners of misuse of
narcotic psychotropic substance and prays for dismissal of the application.
Heard learned counsel for the parties and perused the record.
Looking to the aforesaid factual backdrop, coupled with the period of
custody and also looking to the fact that possibility of final hearing of this
appeal in near future is bleak and also looking to the short sentence, without
expressing any conclusive opinion on merits, I find it to be a fit case to
suspend 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
Lac Only) with one solvent surety in the like amount to the satisfaction of
learned trial Court for compliance with following -
(1) The appellant shall deposit the amount of fine (if not deposited)
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forthwith;
(2) The appellant shall appear before the Trial Court on 03/04/2025
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.
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.
4 CRA-14451-2024
Accordingly, the I.A. stands allowed and disposed off.
Registry is directed to list the matter for final hearing in due course.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
soumya
