Madhya Pradesh High Court
Kallu Nayak Alias Bablu Banjara vs The State Of Madhya Pradesh on 3 July, 2019
1 CRA-3146-2019
The High Court Of Madhya Pradesh
CRA-3146-2019
(KALLU NAYAK ALIAS BABLU BANJARA Vs THE STATE OF MADHYA PRADESH)
6
Jabalpur, Dated : 03-07-2019
Ms. Anita Kaithwas, learned counsel for the appellant.
Shri Pradeep Dwivedi, learned P.L. for respondent-State.
Heard on the question of admission.
Impugned judgment and record of the Court below perused. Appeal is admitted for hearing.
Also heard on I.A. No.6611/2019, which is first application for suspension of sentence and grant of bail to the appellant.
The appeal has been preferred by the appellant against judgment dated 20.03.2019 passed by the learned Special Judge (NDPS) Hoshangabad, District-Hoshangabad in SCNDPS No.04/2016.
Appellant stands convicted for an offence punishable under Section 8
(c)/20(b)(II)(b) of the NDPS Act and has been sentenced to undergo R.I. for 02 years with fine of Rs.5,000/- in default of payment of fine additional R.I. for 6 months.
As per prosecution, on information of an informant, 1 kg 250 grams contraband article (Ganja) has been seized from the possession of the present appellant. Thereafter, a case has been registered against the present appellant.
Learned counsel for the appellant submits that the appellant remained in jail during trial from 18.02.2016 to 27.07.2016 and is in jail since 20.03.2019 till now. There are many contradictions, omissions and improvements in the version of the prosecution witnesses. He further submits that there are fair chances to succeed in the case. The final hearing of this appeal will take time. If the appellant is not released on bail, purpose of filing this application will be futile. Therefore, the application filed on behalf of the appellant may be allowed and the period of his remaining jail sentence may be suspended and he may be released on bail.
2 CRA-3146-2019 Learned P.L. for the respondent/State opposes the application. After hearing rival submissions of learned counsel for the parties, looking to the facts and circumstances of the case, quantity of the said contraband article (Ganja) and considering the detention period of the appellant, appeal is of the year 2019, it will take time for its final disposal, but without expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the appellant and grant bail to him. Consequently, I.A. No.6611/2019 is allowed subject to deposit of fine amount, if already not deposited. The custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal.
Appellant-Kallu Nayak @ Bablu Banjara be released from custody subject to his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court. He shall appear and mark his presence before the trial Court on 04.11.2019 and shall continue to do so on all such future dates as may be given in this behalf, during pendency of the matter.
List the appeal for final hearing in due course. Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE Pallavi PALLAVI SINHA 2019.07.05 12:18:41 +05'30'