Ramesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8198 MP

          The High Court Of Madhya Pradesh

                          CRA No. 9367 of 2019
               (RAMESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Indore, Dated : 03-12-2021
         Shri Apoorv Joshi, learned counsel for the appellant .
         Shri Neeraj Gour PL for the respondent/State.

Heard on IA No.2255/2021 which is an application filed under section 389(1) of the Cr.P.C for grant of bail and suspension of execution of jail sentence of appellant no. 2 Sharif.

The appellant is in custody because of his conviction under sections 8/21 (c) read with section 25 of NDPS Act and sentence to undergo ten years RI on two counts with fine of Rs.1,00,000/- and in default of payment of fine, additional rigorous imprisonment of one year..

Learned counsel for the appellant submits that judgment and order passed by the Court below is wrong on facts and law. Learned Court below has committed error in convicting appellant Sharif. Appellant is in jail since 09/06/2015. As per the allegation, 60 grams smack has been recovered from the possession of appellant Sharif, which is non-commercial in nature. Conviction is bad in law. The appellant is permanent resident of District Neemuch. Final conclusion of present appeal is likely to take long time. Under these circumstances, he prays for grant of bail and suspension of execution of remaining jail sentence of the appellant till disposal of present appeal.

Per-contra, learned PL opposes the application and prays for its rejection by submitting that on the basis of cogent and reliable evidence, the appellant has been properly convicted and sentenced by the trial Court, therefore, no case is made out for grant of bail and suspension of remaining jail sentence of appellant no. 2 Sharif After considering the submissions made by learned counsel for the parties, nature and gravity of the allegation against the appellant, looking to the facts and circumstances of the case, this Court is of the considered opinion that no case is made out for grant of bail and suspension of remaining jail sentence of appellant no. 2 Sharif.

Accordingly, I.A. no. 2255/2021 is hereby dismissed. List the matter in due course.

C C as per rules.

( ANIL VERMA) JUDGE Digitally signed by AMOL N MAHANAG Date: 2021.12.06 10:09:21 +05'30'