Citation : 2021 Latest Caselaw 9178 MP
Judgement Date : 27 December, 2021
1 CRA-7468-2021
The High Court Of Madhya Pradesh
CRA No. 7468 of 2021
(SHER SINGH @ SHERA Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 27-12-2021
Shri Anshu Gupta, learned counsel for the appellant.
Shri G.S. Agarwal, learned Public Prosecutor for respondent/State.
I.A. No. 33872/2021, an application for early hearing during winter vacation is taken up, considered and allowed.
Also heard on admission.
The appeal seems to be arguable, hence, admitted for final hearing. Also heard on IA No.33566/2021, an application for suspension of sentence and grant of bail to the appellant. The appellant has been convicted under Section 8 r/w 20 (ii) (B) of NDPS Act and sentenced to one year R.I. and fine of Rs.1,000/-,with default stipulation in SPL Case No.20/2018 by Special Judge (NDPS, Act), Vidisha vide judgment dated 29.11.2021.
Learned counsel for the appellant submits that 1.100 k.g of Gajja has been seized from the present appellant. During trial he remained under custody for more than 1 month and 20 days, hence remaining jail sentence of
the appellant be suspended and he may be released on bail.
Though the learned counsel for the State has opposed the bail application, but considering the short period of sentence of the present appellant this application is allowed. Remaining jail sentence of the appellant is hereby suspended and it is directed that subject to depositing the fine amount and furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) with one surety in the like amount to the satisfaction of the trial Court concerned, the appellant shall be released on bail with a further direction to appear before the Registry of this Court firstly on 25th March, 2022, and also on such other dates as may be fixed by the Registry in this regard during pendency of this appeal.
List the appeal for final hearing in due course.
Certified copy as per rules.
LOKENDRA JAIN
2021.12.27
14:05:15 +05'30'
2 CRA-7468-2021
(NANDITA DUBEY)
V. JUDGE
(LJ*)
LOKENDRA
JAIN
2021.12.27
14:05:07
+05'30'
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