Madhya Pradesh High Court

Imatyaj @ Dumari vs The State Of Madhya Pradesh on 1 May, 2025

                                                             1                                 CRA-2987-2025
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 2987 of 2025
                                          (IMATYAJ @ DUMARI Vs THE STATE OF MADHYA PRADESH )



                          Dated : 01-05-2025
                                Shri Jitendra Sharma - Advocate for the appellant.

                                Shri Kaushlendra Singh Tomar - Public Prosecutor for the
                          respondent/State.

Heard on I.A.No.6369/2025, first application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant.

2. This Criminal Appeal assails the judgment dated 11.03.2025 passed in SC NDPS No.15/2022 by the Special Judge(N.D.P.S. Act), Sheopur, District Sheopur, whereby appellant has been convicted under Section 21 (b) of N.D.P.S. Act and sentenced to undergo 3 years RI with fine of Rs.5,000/- with default stipulation.

3. It is submitted by the learned counsel for the present appellant that trial court has wrongly convicted the appellant without proper appreciation of facts of the case as well as evidence on record. It is further submitted that the present appellant has suffered for more than three months' incarceration. It is

also submitted that the proper compliance of Sections 50, 52-A and 57 of the NDPS Act has not been complied with. It is also submitted that the appellant is illiterate, while panchnama Ex.P-5 has been prepared by the police. He also drew attention to the various contradictions and omissions that occurred in the statements of witnesses. It is also submitted that the quantity of smack is slightly higher than the small quantity. Minimum quantity is 5 grams,

2 CRA-2987-2025 while 6 grams have been seized. It is also submitted that the present appellant is ready and willing to abide by any condition which may be imposed by the Court. Therefore, it has been prayed that the appellant is entitled to be given the benefit of suspension of sentence.

4. Per contra, learned counsel for the State opposed the application and prayed for its rejection.

5. Heard learned counsel for the parties and perused the record.

6. Having considered the submissions advanced by learned counsel for the parties and attending facts and circumstances of the case without commenting on merits of the case, I.A.No.6369/2025 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty thousand Only) with a

solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Registry of this Court on 07.07.2025 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

List this case for final hearing in due course.

C.C. as per Rules.

(RAJENDRA KUMAR VANI) JUDGE

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