Vijay Rajak vs The State Of Madhya Pradesh
2021 Latest Caselaw 716 MP

                                     1                              CRA-9967-2019
          The High Court Of Madhya Pradesh
                     CRA-9967-2019
                     (VIJAY RAJAK Vs THE STATE OF MADHYA PRADESH)

8
Gwalior, Dated : 15-03-2021
         Shri Ashish Singh Jadon, learned counsel for the appellant.
         Shri Avneesh Singh, learned Public Prosecutor for the respondent-

State.

I.A. No. 5545/2021, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

The appeal being arguable is admitted for final hearing. Also, heard on I.A. No. 610/2021, second application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the appellant.

This appeal has been filed against the judgment of conviction and sentence dated 24/10/2019 passed by First Additional Sessions Judge, Guna, District Guna in Special Sessions Trial No.02/2014 by which the appellant has been convicted under Section 8 (c) read with Section 21 (b) of NDPS Act and has been sentenced to undergo rigorous imprisonment of three years with

fine of Rs.25,000/- with default stipulation.

It is submitted by learned counsel for the appellant Vijay Rajak that the trial Court has wrongly convicted the appellant without properly appreciating the materials and evidence available on record. It is further submitted that the appellant has already suffered around 18 months and 10 days of incarceration and there is no possibility of final hearing of this appeal in near future. Hence, prayed to suspend the jail sentence of the appellant and grant of bail to him.

Learned counsel for the State opposed the suspension application and prayed to reject the same.

Considering the facts and circumstances of the case, without commenting on merits of the case, I.A. No. 610/2021 is hereby allowed.

2 CRA-9967-2019 Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs. 75,000/- (Rupees Seventy Five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 10/5/2021 and on

subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. Certified copy/E-copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA) ALOK KUMAR 2021.03.15 JUDGE 17:37:12 +05'30' 11.0.8

AKS