Bherulal vs The State Of Madhya Pradesh
2021 Latest Caselaw 1688 MP

1                              Cr.A.No.5034/2019
                           (Bherulal Vs. State of M.P.)

Indore : Dated 30.4.2021

      Shri Palash Choudhary, learned counsel for the appellant.

      Shri R.K.Shastri, learned Panel Lawyer for the respondent/State.

Heard on admission through video conferencing.

The appeal is admitted for final hearing.

Also heard on I.A.No.987/2021, an application for suspension of

sentence.

The appellant has been convicted under Section 8 read with 15(C)

of N.D.P.S.Act and sentenced to undergo ten years RI with fine of

Rs.1,00,000/- with default stipulation, vide judgment dated 11.4.2019

passed by Special Judge, Jawad, District Neemuch in

Sp.S.T.No.37/20217.

It is submitted that learned trial Court has wrongly convicted the

appellant. The learned trial Court has not properly appreciated the

evidence. The evidence on record is mutually destructive. Main witnesses

have not supported the factum of seizure an search of the appellant in

accordance with law. However, the main contention advanced is on the

ground of long period of custody. The appellant is in custody from

20.6.2014 till date and has undergone jail sentence of six years and

eleven months. The disposal of appeal will take time, hence prayed for

suspension of execution of jail sentence.

The prayer is opposed by the learned Panel Lawyer.

(Bherulal Vs. State of M.P.)

Taking into consideration that the appellant has undergone the jail

sentence for six years and eleven months, the disposal of appeal will take

time, subject to depositing the fine amount, the application is allowed. It

is directed that the jail sentence of the appellant shall remain suspended

and he be released on bail on his furnishing a personal bond in the sum of

Rs.1,00,000/- (Rs.One Lac only) with one solvent surety in the like

amount to the satisfaction of the trial Court. The appellant is directed to

appear before the Registry of this Court on 28.6.2021 and on other

subsequent dates as may be fixed in this behalf.

Accordingly, the IA stands disposed of.

C.c.as per rules.

(Rohit Arya) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2021.05.01 10:27:02 +05'30'