Madhya Pradesh High Court
Hetram Vishnoi vs The State Of Madhya Pradesh on 3 April, 2023
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 6427 of 2022
(HETRAM VISHNOI Vs THE STATE OF MADHYA PRADESH)
Dated : 03-04-2023
Shri Abhay Saraswat, learned counsel for the appellant.
Shri Surendra Gupta, learned Govt. Advocate for respondent/State.
Heard on I.A No.1130 of 2023 which is first application under Section 389(1) of Cr.P.C for suspension of jail sentence of appellant Hetram Vishnoi.
T h e present appellant has been convicted under Section 8/15(C) of NDPS Act and sentenced to undergo 10 years RI with fine of Rs.1,00,000/-
with default stipulation.
As per prosecution case, it is alleged that 5 quintal 50 Kg. poppy straw is alleged to have been seized from the possession of the appellant.
Counsel for the appellant submits that the appellant has already undergone jail sentence of 5 years 11 months 18 days and thus, he has undergone more than 50% of the actual jail sentence awarded to him. The final hearing of the appeal is likely to take time.
Counsel for the State opposes the prayer for grant of bail mainly on the ground that the alleged seized quantity is commercial quantity.
Counsel for the appellant in support of his submissions, he has placed reliance on a recent judgment passed by the Apex Court in the case of Mohammad Muslim @ Hussain vs. State (NCT of Delhi) [Criminal Appeal No. 943/2023, dtd. 28.03.2023]. It is submitted that in the said case, the Apex Court has taken into consideration the earlier judgment passed by the Apex Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI Court in the case of State of M.P. vs. Kajad (2001) 7 SCC 673 and also the Date: 2023.04.03 17:42:14 IST judgment passed by the Apex Court in the case of Union of India vs. Ratan 2 Malik (2009) 2 SCC 624 and thereafter enlarged the accused on bail.
After hearing learned counsel for the parties and taking into consideration the judgment passed by the Apex Court in the case of Mohammad Muslim @ Hussain (supra), it would be appropriate to suspend the jail sentence of the appellant.
Accordingly, I.A No.1130 of 2023 filed on behalf of appellant is allowed. The appellant be enlarged on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety of the same amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 28.08.2023 and thereafter, on such other subsequent dates as may be fixed in that behalf.
CC as per rules.
(VIJAY KUMAR SHUKLA)
JUDGE
soumya
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN SOUMYA RANJAN
DALAI
Date: 2023.04.03
17:42:14 IST