Madhya Pradesh High Court
Ramnarayan Patel vs The State Of Madhya Pradesh on 5 March, 2025
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 CRA-5493-2021
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5493 of 2021
(RAMNARAYAN PATEL Vs THE STATE OF MADHYA PRADESH )
Dated : 05-03-2025
Shri Durgesh Rai with Shri S.K. Goswami - learned counsel for the
appellant.
Shri Akhilendra Singh - learned Government Advocate for the
respondent/State.
-------------------------------------------------------------------------------------------------
Heard on IA No.367/2025, which is repeat (third) application filed
under Section 389(1) of Cr.P.C for suspension of jail sentence and grant of
bail moved on behalf of appellant - Ramnarayan Patel. Earlier applications
for suspension of custodial sentence and grant of bail moved on behalf of
appellant were dismissed on merits as well as withdrawn by this Court vide
orders dated 02/09/2023 and 06/12/2024 respectively.
Appellant has been convicted for commission of offence punishable
under Section 20(B)(ii)(C) of the NDPS Act and sentenced to undergo RI
for 12 years and to pay fine of Rs.1,00,000/- with usual default stipulation
vide judgment dated 05/08/2021 passed by Special Judge (NDPS Act, 1985),
Bhopal in Special NDPS Case No. 3/2017.
The prosecution case found to be proved is that on 15/01/2017, on the
basis of information that one Tavera vehicle bearing registration No.CG-05-
AA-9566 met with an accident on the main road and the local people had
caught three persons traveling in the vehicle. Police reached at the spot and
during search of said vehicle, contrabad article i.e. Ganja was sezied from the
2 CRA-5493-2021
vehicle. On the basis of aforesaid, alleged offence has been registered
against the appellant and other co-accused persons.
Learned counsel for the appellant submitted that the independent
witnesses have not supported the prosecution case and turned hostile. The
appellant is neither an owner of the vehicle nor was in exclusive possession
of the vehicle. It is also submitted that application for suspension of custodial
sentence and grant of bail moved on behalf of co-accused- Gudda @ Durgesh
Patel in Criminal Appeal No. 5181/2021 has already been allowed by
Hon'ble Supreme Court, vide order dated 12/07/2024 passed in S.L.P. (crl.)
No.(s) 6158/2024. Appellant has already incarcerated more than five and a
half years. During trial, appellant was on bail and he did not misuse the
liberty so granted to him. There are fair chances of the success of this appeal
and there is no possibility of early hearing of the appeal in near future,
therefore, if the custodial sentence of the appellant is not suspended, then the
purpose for filing this appeal will get frustrated. Under these circumstances,
learned counsel for the appellant prays for suspension of custodial sentence
and grant of bail to the appellant Ramnarayan Patel.
Learned counsel for the respondent/State has opposed the application
by contending that after rejection of first application on merits vide order
dated 002/09/2023 and after rejection of said application, there appears no
change of circumstances, in which this repeat application can be considered.
We have heard learned counsel for the parties and perused the record.
Considering the aforesaid facts and circumstances of the case coupled
with the fact that application for suspension of custodial sentence and grant
3 CRA-5493-2021
of bail moved on behalf of co-accused- Gudda @ Durgesh Patel in Criminal
Appeal No. 5181/2021 has already been allowed by Hon'ble Supreme Court,
vide order dated 12/07/2024 passed in S.L.P. (crl.) No.(s) 6158/2024 so also
looking to the period of incarceration, but without expressing any opinion
on the merits of the case, IA No.367/2025 is allowed.
It is directed that subject to depositing the entire fine amount, if not
already deposited, the substantive jail sentence of appellant Ramnarayan
Patel shall remain suspended till the final disposal of the appeal and he be
released on bail, on furnishing personal bond in the sum of Rs.50,000/- with
one solvent surety in the like amount to the satisfaction of trial Court, for his
appearance before the concerned trial Court firstly on 21.04.2025 and on
such other dates, as may be fixed by the said Court in this regard.
List the matter for final hearing in due course.
(SUSHRUT ARVIND DHARMADHIKARI) (ANURADHA SHUKLA)
JUDGE JUDGE
skt
