Yuvraj Singh Dhakad vs The State Of Madhya Pradesh
2021 Latest Caselaw 8944 MP

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              The High Court of Madhya Pradesh
                                                        Cr.A.No.6170/2021

                (Yuvraj Singh Dhakad Vs. State of M.P.)

Gwalior dated 17.12.2021

       Shri D.S.Tomar, learned counsel for the appellant.

       Shri Kaushlendra Singh Tomar, learned Public Prosecutor for the

respondent/State.

Heard on admission.

Appeal being arguable is admitted for final hearing.

Also Heard on IA.No.33203/2021, first application u/Sec. 389(1)

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

appellant- Yuvraj Singh Dhakad.

This criminal appeal has been filed against the judgment dated

16.8.2021 passed in Spl. Case No.5/2017 by the Special Judge, Distt.

Datia, convicting the appellant under Section 20(B)(ii)(b) of the NDPS

Act and sentencing him to undergo four years RI with fine of

Rs.5,000/- with default stipulation.

It is submitted by learned counsel for the appellant that during

trial the appellant was on bail, however, he did not misuse the liberty so

granted. Amount of fine has been deposited by him. Final hearing of

the appeal will take time. He has a good case on merit. Therefore,

prayer for suspension of sentence has been made.

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.33203/2021 is allowed

The High Court of Madhya Pradesh Cr.A.No.6170/2021

and it is directed that 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.25,000/- (Rupees

Twenty Five Thousand 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 21st March, 2022 and on

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

disposal of the appeal.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge ms/-

MADHU SOODAN PRASAD 2021.12.20 10:05:57 +05'00'