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ITEM NO.25 COURT NO.6 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 38284/2023
(Arising out of impugned final judgment and order dated 21-08-2023 in IA No. 10635/2023 passed by the High Court Of M.p At Indore)
ALI HUSSAIN @ NARU Petitioner(s)
VERSUS
THE STATE OF MADHYA PRADESH Respondent(s)
(IA No.243894/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.243893/2023-EXEMPTION FROM FILING O.T. and IA No.243895/2023- CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS )

Date : 05-01-2024 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE HRISHIKESH ROY
HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA
For Petitioner(s) Mr. Ronak Karanpuria, AOR
Mr. Kamal Deep Kumar, Adv.
Mr. Dr Amandeep Gaur, Adv.
Mr. Parteek Kumar, Adv.
Mr. Akash Jain, Adv.
Mr. Jai Wadhwa, Adv.

For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
Heard Mr. Ronak Karanpuria, the learned counsel for the petitioner.
The counsel would point out that 3 persons were convicted together by the learned Special Judge (NDPS Act), Indore on 06.02.2021 under the Narcotic Drugs and Psychotropic Substances Act, 1985 and 10 years rigorous imprisonment with fine was ordered against them. The criminal appeal filed by the accused are pending before the High Court. The High Court granted bail to the co-accused Kanwarlal and Sujansingh on 11.08.2023 (Annexure P-2) and on 21.08.2023 (Annexure P-3) respectively, but rejected bail for the petitioner on 21.08.2023.
The counsel would refer to the custody certificate dated 20.09.2023 to point out that the petitioner who is sentenced for 10 years rigorous imprisonment has been in custody for over 5 years and 3 months.
Issue notice, returnable in four weeks.
Dasti notice on the Standing Counsel for the State, in addition.
(DEEPAK JOSHI) (KAMLESH RAWAT)
COURT MASTER (SH) ASSISTANT REGISTRAR