Sewaram Jail Suspension

IA No.
: /2023
CRA No. : /2023
BEFORE THE HON’BLE HIGH COURT OF MADHYA

PRADESH BENCH AT INDORE
Sewaram …….. APPELLANT
VERSUS
State of M.P. …… RESPONDENT
APPELLANT NO. : 1
NAME : Sewaram Gujar

AGE : 26 Years
FATHER’S NAME : Bhura Gujar
OCCUPATION : Laborer
ADDRESS : Village. Bhojpura ramnagar ,
District - Neemuch (M.P.)
PERMANENT R/O : Village. Bhojpura Ramnagar
District- Neemuch (M.P.)
Whether in Jail : in Jail from …….. to till now
Conviction u/s Conviction for Sentence in Default of

Payment of Fine
8/18(c) of N.D.P.S. 5 years 1 year Imprisonment
Act Imprisonment and
Fine of Rs. 50,000/-
(fifty Thousand Only)
FIRST APPLICATION U/S 389 (1) OF THE CODE OF CRIMINAL

PROCEDURE 1973 FOR SUSPENSION OF SENTENCE.
Whether any application is pending | Particulars of application

Before or already disposed of by (if yes | ____________________________________
Give particulars) | No. Date Result
Hon’ble Supreme Court of India | NIL NIL NIL
Hon’ble High Court | NIL NIL NIL
Subordinate Court | NIL NIL NIL

______________________________________________________________
The Applicant named above respectfully begs to submit as under :-
1. That, this is appellants first application u/s 389 (1) Cr.P.C. for the
suspension of sentence /conviction and bail before the High court
of Madhya Pradesh.
Particulars of Earlier Application
Serial Date of Application if Institution Date of the Name of the Judge

No. known No. Order
Not
Applicable
2. That, there is no proceeding for suspension of sentence/

Conviction and bail of the applicant is pending before or decided
by the Supreme Court.
3. That, to the best of knowledge of the appellant no application for

suspension of sentence has been filed by any appellant.
4. FACTS OF THE CASE IN BRIEF :
That, as per the prosecution story on 30/05/2019 police station

Narcotics Cell Indore through Neemuch , Rauf khan Posted as sub
inspector received the secret information that Sewaram going to
Amlikhedi to deliver the opium to some Smuggler by black colour
bike .
After receiving the said information sub-inspector Rauf khan
with his team and independent witnesses reached the spot and
blocked the road that was situated at Amlikhedi near the lake.
After sometime they saw that a Black Colour Bike bearing
registration No. MP 44-MQ 8701 was coming from the Bhatkhedi
site so they stop the said vehicle . Therefore investigating officer
and his team searched the vehicle and along with th appellant , they
found 1 kg 800 gm of opium contraband in the bags. After
preparing the necessary panchnamas as per the NDPS Act they
come back police station with illegal contraband along with
vehicle and registered the crime no. 36/2019 U/s 8/18 of NDPS
Act.
Therefore ,investigating officer after the completion of the
investigation filed the challan against the present applicant before
the competent court . Upon trail, trail court found the appellant
guilty as mentioned above .
Hence, now this is application for suspension of sentence on
the following grounds :-
5. GROUNDS
1. That, the judgment of the learned Trial Court is contrary to law

and facts on record.
2. That the judgment of the learned Trial Court is neither legal nor
proper nor correct.
3. That the learned Trial Court was wrong in believing witnesses

and discarding defence version.
4. the Learned Trial Court erred in not considering that the

prosecution not proving the compliance of Section 42 of NDPS
Act , Because Sample of the seized article was taken by seizing
officer was not in the presence of such Magistrate which is not in
compliance of the abovementioned provision of the NDPS Act.
5. That , the learned Trial Court not considering the fact that the
Sample were taken by the seizing officer was procured in the
Four Square cigarette packet which was not produced before the
Trial Court and different marked packet was produced.
6. That, The learned Trial Court erred in not considering the fact
that the seizing officer and the cross examination in para no. 39
stated that “ ये कहना गलत है कक उक्त पदारथ को तख्त ककथत फोर स्क्वेर
किगरे ट के खाली खोखे में रखा था एवं ये कहना गलत है कक आकटि कल A1 B1 िे
किनकहत ककया था ’’ which is contrary to the record and on that basis
it is clearly assumed that the article which was produced before

the court was not same which was alleged to be seized from the
applicant.
7. That, the Learned Trial Court erred in not considering that the
prosecution not proving the compliance of Section 42 of NDPS
Act in Contra the Learned Trial Court wrongly believed that in
the present case , Section 43 and 49 of the Act were attracted
8. That, Learned Trial Court erred in not considering that the

prosecution not proving the compliance of mandatory provision
of Section 57 of the NDPS Act.

11. That, the learned trial court has not considered the prosecution
witness properly and therefore under the circumstances there were
no chain of evidence just to corroborate their statement when
compared with each other.
12. That, the learned trial court has erred in not considering the fact
that the Complainant not supported the prosecution story.
13. That, the learned trial court has passed the judgment by convicting
the appellants merely on the statement of the interested witnesses,
who after a plan and strategy falsely implicated the present
appellants.
14. That, the learned trial court has not passed any benefit to the
present appellant regarding the serious omissions and
contradictions in the statement of the witnesses.
15. That, the learned Trial Court was wrong in believing prosecution
witnesses and discarding defense version.
16. That, the learned Trial Court was wrong in drawing unwarranted
inferences.
17. That the learned Trial Court was wrong in not considering the
material omissions and contradictions in the statement of
prosecution witnesses.
18. That the learned trial court has failed to consider the important fact
that the entire prosecution story is doubtful and as a consequence
of although process.
19. That, the learned trial court has erred by convicting and sentencing
the appellant in absence of any cogent material or evidence on
record.
20. That, the learned trial court has erred by not appreciating the fact
that, in the instant case there is no iota of material against the
appellant for which he has been convicted.
21. That, the learned trial court has erred by not considering the fact
that, the investigating agency has done a very casual investigation
in the instant case.
22. That, the learned trial court has erred by not considering and
appreciating the defense of the appellant as laid by him.
23. That, the learned trial court has erred by not appreciating the fact
that, appellant has no nexus with the alleged offence.
24. That, the learned trial court has erred by imposing a very harsh
sentence and fine on the appellant for no fault on his part.
25. That, the convection is bad in law.

26. That, the appellant craves leave of this Hon’ble Court to urge and
argue other grounds at the time of final hearing of this appeal.
27. That, the Applicant is ready to furnish adequate surety and shall
abide by all the directions and conditions which may be imposed
by the Hon’ble court.
28. That, the appellant craves leave of this Hon’ble High Court to urge
other grounds at the time of hearing of this application.
PRAYER
It is, therefore, most respectfully prayed that in the interest

of justice, the execution of sentence of the present applicant may
kindly be suspended, till the decision of this Appeal.
Indore Submitted by :
Dated : 05/01/2024 Parvez Khan
Cont No. 93001-94001
E-Mail. [email protected]
Enrollment No. 1244/2019
(counsel for the Appellant)

Sewaram Jail Suspension

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IA No.

BEFORE THE HON’BLE HIGH COURT OF MADHYA

State of M.P. …… RESPONDENT

NAME : Sewaram Gujar

Conviction u/s Conviction for Sentence in Default of

FIRST APPLICATION U/S 389 (1) OF THE CODE OF CRIMINAL

Whether any application is pending | Particulars of application

Hon’ble Supreme Court of India | NIL NIL NIL

Hon’ble High Court | NIL NIL NIL

Subordinate Court | NIL NIL NIL

The Applicant named above respectfully begs to submit as under :-

Serial Date of Application if Institution Date of the Name of the Judge

2. That, there is no proceeding for suspension of sentence/

3. That, to the best of knowledge of the appellant no application for

4. FACTS OF THE CASE IN BRIEF :

That, as per the prosecution story on 30/05/2019 police station

1. That, the judgment of the learned Trial Court is contrary to law

3. That the learned Trial Court was wrong in believing witnesses

4. the Learned Trial Court erred in not considering that the

किनकहत ककया था ’’ which is contrary to the record and on that basis

it is clearly assumed that the article which was produced before

8. That, Learned Trial Court erred in not considering that the

9. That, Learned Trial Court erred in not considering that the

25. That, the convection is bad in law.

It is, therefore, most respectfully prayed that in the interest

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