Aasif vs The State Of Madhya Pradesh
2025 Latest Caselaw 166 MP

Madhya Pradesh High Court

Aasif vs The State Of Madhya Pradesh on 1 May, 2025

                                                            1                              CRA-1801-2025
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 1801 of 2025
                                               (AASIF Vs THE STATE OF MADHYA PRADESH )



                         Dated : 01-05-2025
                               Appellant by Shri Himanshu Thakur - Advocate.
                               Respondent - State of Madhya Pradesh by Shri Surendra Kumar Gupta

- Government Advocate appearing on behalf of Advocate General.

Heard on the question of admission.

Record of the trial Court has already been received.

Being arguable, the appeal is admitted for final hearing. Also heard on I.A.No.2274 of 2025 , first 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 appellant - Aasif S/o Hakim Khan Pathan .

Vide judgment of conviction and order of sentence dated 07.02.2025 passed in Special Sessions Trial No.09 of 2018 by learned Fifth Additional Sessions Judge / Special Judge (NDPS Act) Mandsaur, District Mandsaur (MP), the appellant stands convicted under Section 8 read with Section 21 of

Narcotic Drugs & Psychotropic Substances Act, 1985 and sentenced to undergo three years rigorous imprisonment with fine of Rs.25,000/- with usual default stipulation.

As per prosecution story, on 27.11.2017, a quantity of 40 (forty) gram smack has been recovered from the possession of the present appellant.

Learned counsel for the appellant submits that the appellant is innocent

2 CRA-1801-2025 and has been falsely implicated in the case. He further submits that from the possession of the appellant a quantity of 40 grams of smack has been seized. The appellant has already suffered jail incarceration of seven months and seven days out of total three years RI imposed on him (from 27.11.2017 to 12.03.2018; and from the date of impugned judgment i.e. 07.02.2025 he is in jail). The judgment is based of conjectures and surmises; it has been passed ignoring the serious infirmities, contradictions and omissions. He has fair chances of success in this appeal and disposal of this appeal may take sufficient long time. On these miscellaneous grounds, he urges that the interlocutory application be allowed the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

Per contra, learned counsel appearing on behalf of respondent / State opposes the prayer on the ground that the judgment is based on proper appreciation of evidence, therefore, IA may be dismissed.

In view of the aforesaid factual backdrop, looking to the short sentence of three years RI with custody of the appellant and coupled with the fact that the chances of final hearing of this appeal in near future are bleak, without expressing any opinion on merit of the matter, this Court is inclined to extent the benefit of suspension of 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

3 CRA-1801-2025 bail on his furnishing personal bond in sum of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction 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 18/06/2025 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

4 CRA-1801-2025 shall be forwarded in custody to undergo sentence of imprisonment under intimation to the Registry of this Court.

Accordingly, IA stands disposed off.

Let the matter be listed for final hearing in due course. Certified copy as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

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