Madhya Pradesh High Court
Brajmohan Sharma vs The State Of Madhya Pradesh on 8 April, 2022
Author: Deepak Kumar Agarwal
1
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
CRA-2790-2022
(Brajmohan Sharma Vs. State of M.P.)
Gwalior, Dated : 08/04/2022
Shri Anand Purohit, learned counsel for the appellant.
Shri Ramadhar Chaubey, learned Public Prosecutor for the
respondent/State.
Heard on the question of admission.
Appeal seems to be arguable, hence, it is admitted for final
hearing.
Learned Public Prosecutor for the respondent/State accepts notice
on behalf of the respondent/State.
Let record of the trial Court be called for
Heard on I.A. No.5568/2022, 1 st application under Section 389 (1)
of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
the sole appellant - Brajmohan Sharma.
This appeal has been preferred against the judgment dated
10/03/2022 passed by Special Judge (NDPS), District- Datia (M.P.) in
Special Case No.06/2016, whereby the appellant has been convicted and
sentenced as under:-
Sections Sentence Fine (Rs.) Default
Stipulation
21(B) of NDPS Act 4 Years RI 10,000/- 6 Months RI
Prosecution story found to be proved against the appellant is that
12 grams of smack has been seized from the possession of the appellant.
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
CRA-2790-2022
(Brajmohan Sharma Vs. State of M.P.)
On the basis of aforesaid, crime has been registered in connection with
Crime No.343/2016 at Police Station- Kotwali, District- Datia (M.P.)
against the appellant. After completion of investigation, charge-sheet has
been filed.
Learned counsel for the appellant submits that appellant is aged 44
years and he has been falsely implicated in this case. He is not concerned
with the case directly or indirectly. The appellant 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- Datia (M.P.) and there are fair chances of
success of this appeal. The appeal is of the year 2022 which 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 Public Prosecutor appearing on behalf
of the respondent/State opposed the bail application and prayed for
rejection of this 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.5568/2022 is allowed.
It is, therefore, directed that if appellant deposits the entire fine
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
CRA-2790-2022
(Brajmohan Sharma Vs. State of M.P.)
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 4th of July, 2022 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 bail.
IA No.5568/2022 is allowed and disposed of.
A copy of this order be sent to the trial Court concerned for
necessary compliance.
Certified copy/e-copy as per rules/directions.
(DEEPAK KUMAR AGARWAL)
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=474001, st=Madhya Pradesh,
2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0c
de4dee473fe77953f5,
pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487,
serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4A
B9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR
Date: 2022.04.08 18:51:53 +05'30'
