Raju Dangi @ Rajendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 5174 MP

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               HIGH COURT OF MADHYA PRADESH,
                         BENCH AT GWALIOR
                             CRA-2918-2022
               (Raju Dangi @ Rajendra Vs. State of M.P.)


Gwalior, Dated : 08/04/2022

      Shri V.K. Jha, 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.

Record of the trial Court is available.

Also heard on I.A. No.4918/2022, 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 - Raju Dangi @ Rajendra.

This appeal has been preferred against the judgment dated 21/03/2022

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

No.01/2017, whereby the appellant has been convicted and sentenced as

under:-

          Sections                Sentence        Fine (Rs.)     Default
                                                               Stipulation
20 (b)(ii)(B) of NDPS Act         4 Years RI       10,000/-    6 Months RI

Prosecution story, in short, is that the police received an information

by the informer and on that information, the police reached the spot and

seized 3 Kg. of Cannabis plants (Ganja) from the joint possession of the

appellant and co-accused- Mukesh Kumar Jatav. On the basis of aforesaid,

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-2918-2022 (Raju Dangi @ Rajendra Vs. State of M.P.)

crime has been registered in connection with Crime No.88/2017 at Police

Station- Indargarh, District- Datia (M.P.) against the appellant and co-

accused. After investigation, charge-sheet has been filed.

Learned counsel for the appellant submits that appellant is aged 47

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 fine amount has already been

deposited by 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.4918/2022 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

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-2918-2022 (Raju Dangi @ Rajendra Vs. State of M.P.)

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.

Application (4918/2022) 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=eac942476567cd1b39b3da46068403462fdf82ab676d0cde 4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB 9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.04.08 18:52:08 +05'30'