Apoorv Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 5006 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                       Cr.A. No.4875/2017
             (Apoorva Sharma Vs. The State of M.P.)
                                                                -1-

Indore, dated 03/09/2021
      Shri Gaurav Kumar Verma, counsel for the appellant.

     Ms. Harshlata Soni, learned Panel Lawyer for the
respondent/State.

Heard learned counsel for the parties on IA No.1933/2021, an application under Section 389(1) of the Code of Procedure for suspension of jail sentence and for grant of bail filed on behalf of the appellant.

Appellant has been found guilty for offence under Section 8(C) r/w 20(B) of the NDPS Act and has been sentenced to undergo 10 years R.I. and to pay fine of Rs. 1,00,000/- with default stipulation vide judgment dated 15.09.2017 passed by Special Judge(NDPS) Act, Dewas in Spl.(NDPS) case No. 2100001/2014.

It is submitted that appellant has been convicted for having 5.50 grams Charas in his possession without any authority. He was arrested on 16.02.2014 and is in custody till today. Accordingly he has served out 7 years imprisonment. He has no criminal antecedents. There is no likelihood of appellant's absconding or tampering with the evidence. Appellant has fair chances of success in this Appeal. There is a violation of mandatory provisions of NDPS Act and statement of witnesses are contradictory and panch witnesses have not supported the prosecution version. Even the prosecution case is accepted as it is, there is a chance to reduce the sentence upto the period already undergone. It is further submitted that in this offence, the HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Cr.A. No.4875/2017 (Apoorva Sharma Vs. The State of M.P.)

execution of jail sentence of the co-accused - Mohammad Jahid has been suspended and he has been granted bail, under these circumstances, he prays that execution of jail sentence of the appellant be suspended.

Learned Public Prosecutor prays for rejection of the application.

Having considered the contentions of learned counsel for the parties and perusal of the record, in view of this Court, I.A. No.1933/2021 deserves to be and is hereby allowed subject to depositing fine amount and on furnishing personal bond by the appellants in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before this Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal. The appellant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 22.12.2021 and on all such subsequent dates, which are fixed in this regard by the registry.

List in due course.

(Anil Verma) Judge N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.09.04 15:14:10 +05'30'