Aatmaram Dhakad vs The State Of Madhya Pradesh
2021 Latest Caselaw 4888 MP

                                  1                       CRA.4708/2021

                 HIGH COURT OF MADHYA PRADESH
                            CRA-4708/2021
                   (Aatmaram Dhakad Vs. State of M.P.)

Gwalior, Dated:01.09.2021
         Shri R.K.Shrivastava, learned counsel for the appellant.

         Shri Ramadhar Chaubey, learned Public Prosecutor for the

respondent/State.

Appeal being arguable is admitted for final hearing.

Heard on I.A.No.25823/2021 under Section 389(1) of Cr.P.C.

filed by appellant-Aatmaram Dhakad for suspension of sentence and

grant of bail.

Vide judgment dated 22.07.2021 passed by learned Special

Sessions Judge, NDPS, Act, District Datia, (M.P.) in S.C.DOCT

No.200003/2017, the appellant has been convicted and sentenced as

under:

Section Sentence Fine In default stipulation 20(B)(ii) 5 years RI Rs.10,000/ six months (B) NDPS -

The case against the appellant is that he was carrying ten kg.

ganja without license and he was arrested on 22.07.2021.After

conclusion of trial, the appellant was convicted for the above

mentioned offences and sentenced as indicated above.

It is submitted by learned counsel for the appellant that the fine

amount has already been deposited and the disposal of the appeal will

take its own time, hence prayed for suspension of the jail sentence and

grant of bail.

2 CRA.4708/2021

Heard learned counsel for the parties at length.

In view of the aforesaid and considering the facts and

circumstances of the present case and the fact that the disposal of the

appeal will take its own time, without commenting upon the merits of

the case, it would be appropriate to accept the application of the

appellant.

Consequently, I.A.No. 25823/2021 is hereby allowed.

If the appellant furnishes a bail bond and deposits the fine

amount in the sum of Rs.50,000/- (Rupees fifty thousand Only) along

with one surety bond of the like amount to the satisfaction of the trial

Court and undertakes that he will appear before the Registry of this

Court on 10.01.2022 and on subsequent dates given by the office for

his appearance till the disposal of the present appeal, then the appellant

shall be released on bail and execution of jail sentence is suspended till

the disposal of this appeal.

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

                                                (Deepak Kumar Agarwal)
vv                                                    Judge



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     VASUDEVAN
     2021.09.02
     16:00:57
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