Madhya Pradesh High Court
Laxman Singh vs The State Of Madhya Pradesh on 19 April, 2023
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 1582 of 2021 (LAXMAN SINGH Vs THE STATE OF MADHYA PRADESH) Dated : 19-04-2023 Shri Abhay Saraswat, learned counsel for the appellant.
Shri Kapil Mahant appearing on behalf of Advocate General/State. Heard on I.A No.4548/2023 which is first application under Section 389(1) of Cr.P.C for suspension of jail sentence of appellant Laxman Singh.
2) The present appellant has been convicted under Section 8/20(a)(1) of NDPS Act and sentenced to undergo 07 years RI with fine of Rs.75,000/- with default stipulation.
3) As per prosecution case, on a secret information, a raid was conducted and it was found that cannabis plants were being cultivated in agriculture land. According to the prosecution 10 plants of cannabis was found in between mustard crop, 25 plants in between chilly crop and again 30 plants were found in between mustard crop and thus, total quantity 10 Kg. has been recovered from possession of the appellant.
4 ) Counsel for the appellant submits that in view of the provision of Section 2(a) of NDPS Act, bar under Section 37 would not apply and further the alleged quantity seized is less than the commercial quantity. The appellant has already undergone jail sentence of 02 years 5 months. The final hearing of the appeal is likely to take time.
5 ) Counsel for the State opposes the prayer for grant of bail and supported the judgment of conviction and sentence.
6 ) After hearing learned counsel for the parties and taking into consideration that the alleged seized quantity of contraband is less than the Signature Not Verified Signed by: AMIT KUMAR Signing time: 4/20/2023 11:40:32 AM 2 commercial quantity and the appellant has already undergone 02 years and 05 months of jail sentence and the appeal will take time in final hearing, it would be appropriate to suspend the jail sentence of the appellant.
7) Accordingly, I.A No.4548/2023 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.
8) As a consequence, application for urgent hearing (IA No.4547/2023) stand disposed off.
CC as per rules.
(VIJAY KUMAR SHUKLA) JUDGE amit Signature Not Verified Signed by: AMIT KUMAR Signing time: 4/20/2023 11:40:32 AM