Supreme Court of India
JITESH MALKANI VS. THE STATE OF MADHYA PRADESH on 27 October 2026
ITEM NO.8+9 COURT NO.14 SECTION II-E
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). 39218/2026
[Arising out of impugned final judgment and order dated 07-05-2026
in IA No. 20764/2025 passed by the High Court of Madhya Pradesh Principal Seat at Jabalpur]
JITESH MALKANI Petitioner(s)
VERSUS
THE STATE OF MADHYA PRADESH Respondent(s)
FOR ADMISSION
IA No. 314025/2026 - CONDONATION OF DELAY IN REFILING / CURING THE
DEFECTS
IA No. 314023/2026 - EXEMPTION FROM FILING O.T.
WITH
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 39223/2026
IA No. 314055/2026 - CONDONATION OF DELAY IN REFILING / CURING THE
DEFECTS
IA No. 314053/2026 - EXEMPTION FROM FILING O.T.
Date : 27-10-2026 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA
HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH
For Petitioner(s) :Ms. Mary Vimala Bai P.- 3498, AOR
Ms. Km. Deepshikha, Adv.
Mr. Ankit, Adv.
Mr. Sachidanand Roy, Adv.
For Respondent(s) :Mr. Surjeet Singh, Adv.
Mr. Vineet Singh, Adv.
Ms. Mrinal Gopal Elkar, AOR
Mr. Vishal Kumar Singh, Adv.
Digitally signed by
RAHUL KUMAR
Date: 2026.10.28
17:18:54 IST
Reason:
Signature Not Verified
UPON hearing the counsel the Court made the following
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O R D E R
1. Delay is condoned.
2. Issue notice.
3. Mr. Surjeet Singh, learned counsel, appears on advance notice and accepts notice on behalf of the respondent-State.
4. Heard learned counsel for the parties on the question of suspension of sentence and grant of bail to the petitioners.
5. The facts of the case reveal that the petitioners were apprehended with 3.5 kg of ganja and 54 litres of illicit liquor. They were convicted by the Trial Court for offences punishable under Sections 8(c) read with Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the “NDPS Act”), and Section 34(2) of the Madhya Pradesh Excise Act, 1915, and were sentenced to undergo rigorous imprisonment for a period of five years. Out of the substantive sentence of five years’ rigorous imprisonment, the petitioners have already undergone approximately one year of actual incarceration.
6. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the alleged offence, there is every possibility of their acquittal, and considering the period of incarceration undergone as well as the grounds urged, the execution of their sentences deserves to be suspended during the pendency of the criminal appeal before the High Court.
7. Per contra, learned counsel appearing for the respondent-State vehemently opposes the prayer for suspension of sentence and grant of bail.
8. Having heard learned counsel for the parties and taking into consideration the totality of the facts and circumstances as well as the period of incarceration undergone, this Court is of the opinion that the application for suspension of sentence deserve to be allowed.
9. Accordingly, the execution of the substantive sentence of imprisonment awarded to the petitioners shall remain suspended during the pendency of the criminal appeal before the High Court, and they are directed to be released on bail, subject to such terms and conditions as may be imposed by the Trial Court.
10. The High Court is requested to expedite the hearing and dispose of the main criminal appeal at an early date, as expeditiously as possible.
11. The Special Leave Petition stand disposed of in the above terms.
12. Pending application(s), if any, shall stand disposed of. (RAHUL KUMAR) (KOMAL) COURT MASTER (SH) COURT MASTER (NSH)