Ramprakash Kori vs The State Of Madhya Pradesh
2021 Latest Caselaw 4794 MP

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         The High Court of Madhya Pradesh
                                                        Cr.A.No.1310/2021

                (Ramprakash Kori Vs. State of M.P.)

Gwalior dated 27.08.2021

      Shri Saket Naresh Udeniya, learned counsel for the appellant.

      Shri    Ramadhar    Chobey,    learned     Public    Prosecutor   for

respondent/State.

Heard on admission.

Appeal being arguable is admitted for final hearing.

Record of the trial Court be called for.

Also Heard on IA.No.6359/2021, first application u/Sec. 389(1)

of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellant-Ramprakash Kori.

This criminal appeal has been filed against the judgment dated

19.02.2021 passed in Special Case No.200004/2009 by the Special

Judge (NDPS Act), District Datia, whereby appellant has been

convicted & sentenced as under :-

    Section                   Imprisonment       Fine
    15(b) of NDPS Act         05 years RI        Rs. 10,000/- with
                                                 default stipulation

Learned counsel for the appellant submits that the appellant has

been found in possession of 20 kg Doda-chura. It is further submitted

that the fine amount has already been deposited. The appellant is in

custody since 19.02.2021 and hearing of this appeal shall take some

time. It is further submitted that looking to the Covid-19 pandemic

situation, application of the appellant for suspension of sentence may

The High Court of Madhya Pradesh Cr.A.No.1310/2021

be considered.

Learned counsel for the State opposed the application and prayed

for its rejection.

Considering the facts and circumstances of the case, but without

commenting upon merits of the case, IA.No.6359/2021 is allowed and

it is directed that the jail sentence of appellant will remain under

suspension subject to verification that amount of fine has been

deposited, on appellant's furnishing bail bond of Rs.1,00,000/- (Rupees

One Lac Only) with one solvent surety of the like amount to the

satisfaction of concerned Trial Court for his appearance before the

Principal Registrar of this Court on 20th December, 2021 and on such

further dates as may be fixed by the office in this regard.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge bj/-

BARKHA JHA 2021.08.27 17:52:23 +05'30'