Prahlad Mali vs The State Of Madhya Pradesh
2021 Latest Caselaw 3677 MP

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              The High Court of Madhya Pradesh
                                                        Cr.A.No.4264/2021

                 (Prahlad Mali & Anr. Vs. State of M.P.)

Gwalior dated 28.07.2021

       Shri Anshu Gupta, learned counsel for the appellants.

       Shri Alok Sharma, learned Panel Lawyer for respondent/State.

Heard on admission.

Appeal being arguable is admitted for final hearing.

Record of the trial Court be called for.

Also Heard on IA.No.21958/2021, first application u/Sec. 389(1)

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

appellants - Prahlad Mali and Sushila.

This criminal appeal has been filed against the judgment dated

6.7.2021 passed in SC NDPS No.7/2019 by the Special Judge (NDPS),

Sheopur, whereby appellants have been convicted under Sections 20(a)

(i) and 20(b) of the NDPS Act and sentenced to undergo 2 years RI

with fine of Rs.10,000/- for each of the offences.

It is submitted by learned counsel for the appellants that during

trial appellants were on bail, but they did not misuse the liberty so

granted. Amount of fine has been deposited by them. It is further

submitted that looking to the short term of sentence and Covid-19

pandemic situation, sentence of the appellants may be suspended

during pendency of the appeal.

Learned counsel for the State opposed the application and prayed

for its rejection.

Considering the facts and circumstances of the case, but without

The High Court of Madhya Pradesh Cr.A.No.4264/2021

commenting upon merits of the case, IA.No.21958/2021 is allowed

and it is directed that the jail sentence of appellants will remain under

suspension subject to verification that amount of fine has been

deposited, on appellants' furnishing bail bond of Rs.25,000/- (Rupees

Twenty Five Thousand Only) each with one solvent surety each of the

like amount to the satisfaction of concerned Trial Court for their

appearance before the Principal Registrar of this Court on 20th

December, 2021 and on such further dates as may be fixed by the

office in this regard.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge ms/-

MADHU SOODAN PRASAD 2021.07.29 12:31:42 -07'00'