Madhya Pradesh High Court
Santosh vs The State Of Madhya Pradesh on 27 January, 2025
1 CRA-1791-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1791 of 2023
(SANTOSH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 27-01-2025
Shri Vikas Yadav - Advocate for the appellant.
Shri Ajay Raj Gupta - Govt. Advocate for the respondent / State.
Heard on I.A.No.16057/2024, third application under Section 430 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 the appellant Santosh S/o Madanlal. His earlier applications were
dismissed vide orders dated 04/09/2023 and 16/03/2023 passed on
IA.No.9066/2023 and 1600/2023 respectively.
The appellant stands convicted under Section 8(c) r/w Section 20(B)
(ii)(B) of Narcotics Drugs and Psychotropic Substances Act, 1985 and
sentenced to undergo 05 years RI 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 anomalies. Appellant's
second application was dismissed on 04/09/2023 and this was mentioned in
the order that this appellant has not complete 50% of jail sentence, therefore,
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the Court was not inclined to grant suspension. Now referring to the period
of incarceration during trial from 22/10/2018 to 04/04/2019 and from the
date of judgment 27/12/2022 onward period of incarceration is near about 02
years and 06 months, meaning thereby, appellant has completed 50% of the
total awarded jail sentence to him. The appeal being of the year 20223 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, 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.
Heard learned counsel for the parties and perused the record.
Considering the aforesaid factual backdrop, 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.
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
3 CRA-1791-2023
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 03/03/2025
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-1791-2023
Accordingly, the I.A. stands allowed and disposed off.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
Tej
