Shankar Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 5760 MP

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                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                              CRA No. 1521 of 2022
                    (SHANKAR SHARMA Vs THE STATE OF MADHYA PRADESH)

Dated : 20-04-2022
      Shri P.S. Bhadoriya, learned counsel for the appellant.

      Shri Purushottam Tanwar, Panel Lawyer for the respondent/State.

I.A.No.5450/2022, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Admit.

Heard on I.A.No.2515/2022. This is the first application under Section 389

(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant- Shankar Sharma.

This appeal has been filed against the judgment of conviction and sentence dated 24/01/2022 passed by Special Judge (NDPS Act), Bhind (M.P.) in Special Case No.17/2018 by which the appellant has been convicted under Section 8/21 of the NDPS Act and has been sentenced to undergo rigorous imprisonment of four years with fine of Rs.10,000/- with default stipulation.

It is submitted by learned counsel for the appellant- Shankar Sharma that the trial Court has wrongly convicted the appellant without properly appreciating

the materials and evidence available on record. The appellant is aged around 33 years. He has already suffered jail sentence near about nine months and fine amount has already been deposited by the appellant. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Per contra, learned State counsel has vehemently opposed the application and prayed for for its rejection.

Heard learned counsel for the rival parties and perused the materials available on record.

Considering the facts and circumstances of the case, without commenting upon the merits of the case, application ( I.A.No.2515/2022) is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.75,000/- (Rupees Seventy Five Thousand only) with one

solvent surety of the like amount to the satisfaction of the concerned Court, the remaining jail sentence of the appellants shall remain suspended. The appellant is further directed to mark his appearance before the Office of this Court on 27/6/2022 and on subsequent dates given by the Office in this regard, till final

disposal of this appeal.

Certified copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

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PAWAN KUMAR 2022.04.20 17:09:49 +05'30'