Madhya Pradesh High Court
Pawan vs The State Of Madhya Pradesh on 25 March, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1 CRA-13718-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 13718 of 2024
(PAWAN AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 25-03-2025
Shri Himanshu Thakur advocate for the appellants.
Shri Madhusudan Yadav public prosecutor for State.
Record of the trial Court has been received.
Heard on the question of admission.
Being arguable, present appeal is admitted for hearing.
Heard on IA No. 19730/2024, first application under Section 430(1) of
Bharatiya Nagraik Suraksha Sanhita moved on behalf of appellants-Pawan
and Ishwarlal seeking suspension of jail sentence and grant of bail.
Appellant- Pawan stood convicted under Section 8/21(b), 8/25 of
NDPS Act and sentenced to undergo 3 years' rigorous imprisonment (for
each of the offence) with fine of Rs. 25,000/- and appellant Ishwarlal stood
convicted under Section 8/21(b) of NDPS Act and sentenced to undergo 3
year's rigorous imprisonment with fine of Rs. 25,000/- with default
stipulation vide judgment of conviction and order of sentence dated
05.12.2024, passed by Additional Special Judge (NDPS Act) in
SCNDPS/29/2017.
Learned counsel for the appellants submits that the impugned
judgment passed by learned Trial Court is based on assumption, conjectures
and surmises. The learned Trial Court has committed an error in convicting
and sentencing the appellants without appreciating the prosecution evidence
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 25-03-2025
19:29:26
2 CRA-13718-2024
properly. Learned counsel referring to Exs.P-6 & P-7 submits that third
option with regard to search by the Investigation Officer was given which is
beyond the purview of Section 50 of NDPS Act. The learned trial
Committed error in relying evidence of police officials ignoring the inherent
inconsistencies and improbabilities in their evidence. Appellants have
already undergone the custody from 14.06.2017 to 07.09.2017. They were
extended benefit of bail during trial. They did not misuse the liberty. The
appellants are undergoing the sentence of imprisonment since the date of
impugned judgment i.e. 05/12/2024. There is no likelihood of hearing of
appeal in near future. On these grounds, learned Counsel prays that
execution of remaining sentence of imprisonment of the appellants may be
suspended and he may be enlarged on bail.
Per contra, learned Counsel for respondent State opposes the
suspension application on the ground of gravity of alleged offence and prays
for its rejection.
The contentions of appellants have prima facie substance which
deserve consideration on merit. Upon hearing learned Counsel for the
parties, but without commenting upon rival contentions touching merits of
the case, this Court is of the view that application deserves to be allowed. It
is, accordingly directed that execution of remaining jail sentence of
appellants Pawan and Ishwarlal shall remain suspended during pendency of
this appeal and they shall be enlarged on bail subject to furnishing personal
bond in the sum of Rs.1,00,000/-(Rupees One Lac Only) each with one
solvent surety each in the like amount to the satisfaction of Trial Court for
3 CRA-13718-2024
compliance with following conditions:-
(1). The appellants shall deposit the amount of fine (if not deposited)
forthwith;
(2). The appellants shall appear before the Trial Court on 23.06.2025 ,
and on such further dates as may be directed by the Trial Court;
(3). The appellants shall ensure hearing of the appeal on the date fixed
for such hearing and shall also ensure proper legal representation on their
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 does not appear on the date of their 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 CrPC 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 appellants
shall be forwarded in custody to undergo sentence of imprisonment under
intimation to the Registry of this Court.
4 CRA-13718-2024
Accordingly, IA No. 19730/2024, stands allowed and disposed of.
List the matter for final hearing in due course.
(SANJEEV S KALGAONKAR)
JUDGE
BDJ
