Vaidehi Sharan vs The State Of Madhya Pradesh
2021 Latest Caselaw 7848 MP

                                   1                                CRA-6449-2021
          The High Court Of Madhya Pradesh
                   CRA No. 6449 of 2021
                  (VAIDEHI SHARAN Vs THE STATE OF MADHYA PRADESH)

2
Gwalior, Dated : 25-11-2021

         Shri S.K. Sharma, learned counsel for the appellant.
         Shri Sangam Jain, learned Public Prosecutor for the respondent-

State.

Heard on I.A.No.31101/2021, an application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the

appellant- Vaidehi Sharan.

This appeal has been filed against the judgment of conviction and sentence dated 9/10/2021 passed by Special Judge, NDPS Act, Bhind in Case No.SC NDPS/200005/2015 by which the appellant has been convicted under Section 20(a)(i) of the NDPS Act and has been sentenced to undergo rigorous imprisonment of three years with fine of Rs.5,000/- with default stipulation.

I t is submitted by learned counsel for the appellant- Vaidehi

Sharan that the trial Court has wrongly convicted the appellant without properly appreciating the materials and evidence available on record. The appellant is aged around 64 years. It is further submitted that recovery of two big and two small cannabis plants from the appellant is false. Fine amount has already been deposited by the appellant. The appellant is in custody since last two months. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence of the appellant.

Learned State counsel has vehemently opposed the application and prayed for for its rejection.

Heard learned counsel for the rival parties and perused the materials available on record.

2 CRA-6449-2021 Considering the facts and circumstances of the case, without commenting upon the merits of the case, application (I.A.No.31101/2021) is hereby allowed. 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 appellants shall remain suspended. The appellant is further directed to mark his appearance before the Office of this Court on 24/1/2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

Certified copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

pwn* PAWAN KUMAR 2021.11.25 17:07:41 +05'30'