Madhya Pradesh High Court
Aashish Urf Sonu vs The State Of Madhya Pradesh on 7 November, 2020
Author: Jagdish Prasad Gupta
Bench: Jagdish Prasad Gupta
1 CRA-4003-2019
The High Court Of Madhya Pradesh
CRA-4003-2019
(AASHISH URF SONU Vs THE STATE OF MADHYA PRADESH)
17
Jabalpur, Dated : 07-11-2020
Heard through Video Conferencing.
Shri Ghanshyam Pandey, Advocate for the appellant.
Shri Pradeep Dwivedi, learned Panel Lawyer for the respondent- State.
Heard on I.A. No.14131/2019, which is an application for early hearing of the case.
As case is listed for so many times, aforesaid IA has become infructuous and deemed to be disposed of accordingly.
Also heard on I.A. No.14130/2019, which is an application for suspension of fine amount, which cannot be considered separately. The same is to be disposed of with the jail sentence, therefore, application seems to be unnecessary filed. Hence, said IA deemed to be disposed of accordingly.
Also heard on I.A. Nos. 11199/2020, 10396/2020 and 3708/2020 , applications for taking the documents on record.
Applications are allowed.
As the documents are relevant, therefore, they are taken on record. Learned Panel Lawyer has submitted that the report of criminal antecedents of the appellant has been filed and the same may be taken on record, which is taken on record.
Heard on I.A. No.257/2020, which is an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant.
This is the 2nd bail application, whereas first application was dismissed as withdrawn by this Court vide order dated 13.12.2019.
This appeal has been preferred against the judgment dated 30.4.2019 passed by Special Judge (NDPS, Act), Anuppur in SCNDPS No.1867/2015, Signature Not whereby the appellant has been found guilty for the offence punishable under SAN Verified Digitally signed by PANKAJ NAGLE Date: 2020.11.07 17:08:18 IST 2 CRA-4003-2019 Sections 20(B)(II)(C)/25 of the NDPS Act and sentenced him to undergo ten years RI with fine of Rs.100000/- with default stipulations.
Allegation against the appellant is that he has been convicted for the aforesaid offence on the basis that the vehicle which was hired by the appellant used by his brother for transportation of contraband article and on the same day, the appellant was also found carrying contraband in other vehicle, therefore, it would be presumed that brother of the appellant was using the vehicle in his permission or connivance.
Learned counsel for the appellant has submitted that the appellant is innocent. He is in jail since 30.04.2019 and during the trial, he was in custody from 05.10.2015 to 22.3.2017 hence, the appellant has completed near about three years jail sentence. Disposal of the appeal will take time. In other case, in which allegedly the appellant was found carrying contraband material is still pending before the trial Court and in that case, he is on bail. So far as the present case is concerned, nothing has been seized from the appellant because his vehicle was used by his brother, the trial Court has presumed that it was done on the instruction of the appellant or his connivance. There is no such law to draw such presumption that vehicle was used by his brother on his instruction or connivance.There are fair chances of success of this appeal. The fine amount has been deposited. Hence, prayed for suspension of the jail sentence and release of the appellant.
On the other hand, learned counsel for the State opposed the prayer and rejection of the same.
Looking to facts and circumstances of the case and evidence available on record and period of custody of the appellant, this Court is of the view that it is a fit case for grant of bail and suspension of sentence.
It is directed that the execution of the jail sentence alone passed against appellant Ashish @ Sonu shall remain suspended till next date of hearing and he be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like Signature SAN Not Verified Digitally signed by PANKAJ NAGLE Date: 2020.11.07 17:08:18 IST 3 CRA-4003-2019 amount to the satisfaction of the trial Court, to appear before the trial Court on 15.12.2020 and on subsequent dates as may fixed by the trial Court from time to time till final disposal of the case.
C.C. as per rules.
(J. P. GUPTA)
JUDGE
pn
Signature
SAN Not
Verified
Digitally signed by
PANKAJ NAGLE
Date: 2020.11.07
17:08:18 IST