Smt. Priyanka Choudhary vs The State Of Madhya Pradesh
2021 Latest Caselaw 8123 MP

                                   1                              CRA-6288-2021
        The High Court Of Madhya Pradesh
                 CRA No. 6288 of 2021
             (SMT. PRIYANKA CHOUDHARY Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 02-12-2021
       Shri Sandeep Kumar Jain, Advocate for the appellant.

       Shri Raji Mathai, PL for the respondent-State.

Record of the trial court is received.

Heard on admission.

Appeal is arguable hence, admitted for final hearing.

Also heard on IA No.18835/2021 an application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant.

The appeal has been preferred under Section 374(2) of the Cr.P.C., by the appellant against impugned judgment dated 11.10.2021 in S.C. NDPS No.32/2019 passed by Special Judge (NDPS Act), Jabalpur (M.P.), whereby the appellant has been convicted for the offence punishable under Section 8/21 (B) of NDPS Act and has been sentenced to undergo R.I. for two years with a fine of Rs.10,000/- with default stipulation.

Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. She is in jail since more than 17 months. This appeal is of year 2021 and its final hearing will take time to conclude. Therefore, the application filed on behalf of the appellant may be allowed and the period of her remaining jail sentence may be suspended further and she may be released on bail.

Learned counsel for the respondent/State has opposed the application. Considering the contention of learned counsel for both the parties and the appellant is in jail since more than 17 months, this appeal is of year 2021, its trial will take long time to conclude but without expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the appellant and grant bail to her.

2 CRA-6288-2021 Consequently, I.A.No.18835/2021 is allowed subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal.

Appellant Smt. Priyanka Choudhary be released from custody subject to his furnishing a personal bond in the sum of Rs.35,000/- with one

surety in the like amount to the satisfaction of the trial Court. The appellant shall appear and mark her presence before the trial Court on 23.02.2022 and shall continue to do so on all such future dates, as may be given in this behalf, during the pendency of the matter.

List this case for final hearing in due course. Certified copy/e-copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

pn PANKAJ NAGLE 2021.12.02 15:07:30 +05'30'