Ashfaq Beg vs The State Of Madhya Pradesh
2026 Latest Caselaw 210 MP

Madhya Pradesh High Court

Ashfaq Beg vs The State Of Madhya Pradesh on 9 January, 2026

                                                              1                               CRA-7490-2025
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                       CRA No. 7490 of 2025
                                              (IKHLAQ KHAN Vs THE STATE OF MADHYA PRADESH )

                                                    CRA/7603/2025, CRA/9161/2025
                           Dated : 09-01-2026
                                   Shri Sandeep Kumar Jain - Advocate for the appellant in Cr.A.
                           No.7490 of 2025.
                                   Shri Y.K. Gupta - Advocate for the appellant in Cr.A. No.7603 of
                           2025.
                                   Shri Ravindra Singh Thakur - Advocate with Shri M.S. Rajpoot -
                           Advocate for the appllant in Cr.A. No.9161 of 2025.
                                   Ms Papiya Ghosh - Panel Lawyer for the respondent/State.

Heard on I.A. No.24001 of 2025, which is an application under Section 5 of the Limitation Act for condonation of delay filed in Cr.A. No.9161 of 2025.

The appeal is time barred by 02 days.

For the reasons mentioned in I.A. No.24001 of 2025, the same is allowed and the delay of 02 days in filing Cr.A. No.9161 of 2025 is condoned.

Heard on the question of admission.

The appeals being arguable are admitted for final hearing. Also heard on I.A. No.18455/2025, I.A. No.18743/2025 and I.A. No.22854/2025, which are first applications under Section 430 (1) of BNSS, 2023 for suspension of sentence and grant of bail on behalf of appellants, namely, Ikhlaq Khan, Ashfaq Beg and Motu @ Satyanarayan Sharma in

2 CRA-7490-2025 Criminal Appeal Nos.7490/2025, 7603/2025 and 9161/2025 respectively.

These Criminal Appeals assail the judgment dated 16.07.2025 passed by the learned Special Judge, NDPS Act, Harda in S.C.NDPS No.06/2021, whereby the appellants have been convicted under Section 8/20(c) of NDPS Act and sentenced to undergo R.I. for four years and fine of Rs.25,000/- each with default stipulation.

It is submitted by learned counsel for the appellants that the present appellants are in custody for around 9, 10 and 11 months. It is also submitted that the packets of the sample were got tampered before submitting it in the Court. These packet were having no signatures over it of the witness Sandeep Pawar (PW-1) who has sealed these packets. It is revealed from para 17, 20 and 22 of the statement of this witness that there

was no chit or seal in the packets, which must be there. Even in para 17 he admitted categorically that the signatures on packets A-2, B-2 C-2 do not bear his signatures which means that the sample packets have been changed after its seizure which is a serious matter and creates a doubt over the veracity of the prosecution case. It is also submitted that the compliance of Sections 50, 52A and 55 of the NDPS Act has also not been done by the prosecution in this case. Though they are directory but the compliance ought to have been done by the prosecution else a sufficient reason for such omission should have been shown. The appellants are ready to comply with the conditions as may be imposed by this Court. It is also submitted that the present appeal will take considerable time for its disposal and, keeping in view the omissions, contradictions, variations and infirmities of the

3 CRA-7490-2025 prosecution, benefit of suspension of sentence may be granted and the appellants may be released on bail during pendency of this appeal.

On the other hand, learned counsel for the State has opposed the prayer made by the appellants.

Heard learned counsel for the rival parties and perused the record. Considering the facts and circumstances of the case, but without expressing any opinion on the merits of the case, I.A. No.18455/2025, I.A. No.18743/2025 and I.A. No.22854/2025 are allowed.

It is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) each with a solvent surety of the like amount each to the satisfaction of the concerned trial Court, the remaining jail sentence of the present appellants shall remain suspended and they shall be released on bail. The present appellants are further directed to mark their appearance before the concerned trial Court on 20.04.2026 and on subsequent dates as may be fixed by the trial Court in this regard.

List these cases for final hearing in due course. Certified copy as per rules.

(RAJENDRA KUMAR VANI) JUDGE

DV