Pinky Meskar vs The State Of Madhya Pradesh
2021 Latest Caselaw 2929 MP

                                                                        1                                CRA-3982-2020
                                            The High Court Of Madhya Pradesh
                                                       CRA-3982-2020
                                                        (PINKY MESKAR Vs THE STATE OF MADHYA PRADESH)

                                    5
                                    Jabalpur, Dated : 02-07-2021
                                          Heard through Video Conferencing.
                                          Shri Ajay Jain, learned counsel for the appellant.
                                          Shri Narendra Singh Lodhi,             learned   Panel Lawyer for the
                                    respondent/State.

Heard on I.A. No.7209/2021, which is a repeat application under

Section 389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellant Pinky Meskar.

The earlier application filed by the appellant for suspension of sentence and grant of bail was dismissed vide order dated 13.10.2020.

This appeal has been preferred against the judgment dated 24/09/2019 p as s ed by Special Judge (NDPS) in Special Case.No.9600022/2017, whereby learned Judge found the appellant guilty for the offences punishable under Section 8(C) read with Section 20(ii)(c) of N.D.P.S. Act and sentenced to undergo R.I. for ten years and fine of Rs.1,00,000/- with default clause.

Learned counsel for the appellant submitted that there is no evidence o n record to show that the appellant was involved in the crime. The contraband which was seized was 1 kg including the polythene bag, but if the weight of polythene bag is deducted, then the contraband will be less than 1 kg, which will come under the non-commercial category, therefore, learned trial Court has committed an error in convicting the appellant for a period of 10 years. Learned counsel for the appellant has further submitted that independent witnesses PW/1 Vinod Vishwakarma and PW/2 Mithun Solanki did not support the prosecution case and have turned hostile. The appellant was custody since her date of arrest and she has served about four year jail sentence. Hence prayed for suspension of the jail sentence and release of the Signature Not Verified SAN appellant on bail since the hearing of this appeal will take time.

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2021.07.02 17:26:23 IST 2 CRA-3982-2020 O n the other hand learned counsel for the State opposed the prayer and submitted that the guilt of the appellant was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellants.

Looking to the facts and circumstances of the case, the contention of

the learned counsel for the appellants and the fact that the appellant being lady is in custody since the date of arrest, the application is allowed and it is directed that the execution of the jail sentence alone passed against the appellant shall remain suspended during the pendency of this appeal and she be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety each in the like amount to the satisfaction of the trial Court for her appearance before the Registry of this Court on 25.10.2021 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

List the matter for final hearing in due course. C.C. on payment of usual charges.

(RAJENDRA KUMAR (VERMA)) JUDGE

sj

Signature Not Verified SAN

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2021.07.02 17:26:23 IST