Mangal Singh Kushwah vs The State Of Mp.
2021 Latest Caselaw 6401 MP

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               HIGH COURT OF MADHYA PRADESH,
                         BENCH AT GWALIOR
                              CRA-5713-2021
              (Mangal Singh Kushwah Vs. State of M.P.)


Gwalior, Dated : 04/10/2021

      Shri Devansh Mishra, learned counsel for the appellant.

      Shri B.S. Gour, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence, it is admitted for final hearing.

Learned counsel for the respondent/State accepts notice on behalf of

the respondent/State.

Record of the trial Court be called for.

Also heard on I.A. No.29164/2021, an application under Section 389

(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf

of the sole appellant - Mangal Singh Kushwah.

This appeal has been preferred against the judgment dated 08/09/2021

passed by Special Judge NDPS, Vidisha District- Vidisha (M.P.) in Special

NDPS Case No.08/2017, whereby the appellant has been convicted and

sentenced as under:-

         Sections                 Sentence        Fine (Rs.)      Default
                                                                Stipulation
 8(b) read with 20(A)(i) of      1Year and 6        2,000/-     3 Months RI
         NDPS Act                Months RI

Prosecution story, in short, is that on 20-21/06/2017, police received

an information given by the informer and on that information, the police

reached the spot and recovered 2 Kg and 900 gms. of Cannabis plants

(Ganja) from the possession of the appellant. On the basis of aforesaid, crime

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-5713-2021 (Mangal Singh Kushwah Vs. State of M.P.)

has been registered.

Learned counsel for the appellant submits that appellant has been

falsely implicated in this case and he is not concerned with the case directly

or indirectly. He has been wrongly convicted by the learned trial Court. The

appellant was on bail during trial and he has not misused the liberty granted

to him. The appellant is a permanent resident of District- Vidisha (M.P.) and

there are fair chances of success of this appeal and the appeal may take long

time for its conclusion and the appellant cannot be kept in custody for an

unlimited period. Under these circumstances, the execution of sentence be

suspended and the appellant be released on bail.

On the other hand, learned Panel Lawyer appearing on behalf of the

respondent/State opposes the bail application.

Keeping in view of the aforesaid submissions of learned counsel for

the parties and the fact that an early hearing of this case is not possible, I.A.

No.29164/2021 is allowed.

It is, therefore, directed that if appellant deposits the entire fine

amount, if not already deposited, and furnishes a personal bond in the sum of

Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the

like amount to the satisfaction of trial Court for his appearance before the

Registry of this Court on 20th of December, 2021 and on such subsequent

dates as may be fixed in this regard, sentence of imprisonment awarded to

him, shall remain suspended till further orders and he shall be released on

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-5713-2021 (Mangal Singh Kushwah Vs. State of M.P.)

bail. The appellant shall also furnish a written undertaking that he will abide

by the terms and conditions of various circulars, as well as, orders issued by

the Central Government, State Government and local administration from

time to time such as maintaining social distancing, physical distancing,

hygiene etc. to avoid proliferation of Corona virus.

A copy of this order be sent to the trial Court concerned for necessary

compliance.

Certified copy/e-copy as per rules/directions.

(S.A. Dharmadhikari) Judge rahul

Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab6 76d0cde4dee473fe77953f5, cn=RAHUL SINGH PARIHAR Date: 2021.10.04 17:37:39 -07'00'