Rajendra Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 15936 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                        CRA No. 8379 of 2022
                                              (RAJENDRA JATAV Vs THE STATE OF MADHYA PRADESH)

                          Dated : 01-12-2022
                                 Mr. Rajnish Sharma, learned counsel for the appellant.

                                 Mr. R.K. Awasthy, learned Public Prosecutor for the respondent - State.

Heard o n I.A. No. 18060 of 2022, first application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 29.8.2022 passed by Special Judge (NDPS), Guna (M.P.) in SC NDPS 01/2017, whereby appellant

has been convicted and sentenced under Sections 8 read with 20 (b) of NDPS Act to undergo rigorous imprisonment of 5 years with fine of Rs.5,000/-, with default stipulation.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. The trial Court has wrongly convicted the appellant ignoring the fact that independent witnesses have not supporte4d the case of the prosecution. PW-6 Iqbal Khan in his cross-examination clearly stated that article A-2 was neither sealed nor signature of the witnesses were there. So also, there is contradictin in

respect to total quantity of Ganja seized from the appellant. The appellant has already undergone 9 months of incarceration out of total jail sentence of five years. Present criminal appeal is likely to take long time to conclude. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available Signature Not Verified Signed by: ALOK KUMAR Signing time: 02-Dec-22 10:23:45 AM

on record.

Considering the arguments rendered by learned counsel for the appellant as well as facts and circumstances of the case, without commenting on merits of the case, I.A.No. 18060 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.2,00,000/- (Rupees Two Lakh only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. Appellant is further directed to mark his appearance before the Office of this Court on 09.1.2023 and on subsequent dates given by the Office in this regard,

till final disposal of this appeal.

List the case in due course.

A copy of this order be sent to the concerned Court below for compliance.

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

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 02-Dec-22 10:23:45 AM