Akash Aadiwasi vs The State Of Madhya Pradesh
2022 Latest Caselaw 16064 MP

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                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                              CRA No. 6644 of 2022
                    (AKASH AADIWASI Vs THE STATE OF MADHYA PRADESH)

Dated : 05-12-2022
       Shri V.K. Jha, learned counsel for the appellant.

       Shri R.K. Awasthy, Public Prosecutor for the respondent/State.

Heard on IA No.15377 of 2022, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 01.07.2022 passed in S S T No.04 of 2017 by Special Judge (NDPS Act), Datia (M.P.) whereby

appellant stood convicted under Section 8(b)(ii)(B) of NDPS Act and sentenced to undergo RI for 5 years with fine of Rs.20,000/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. The appellant has already suffered almost One Year of incarceration as against Five Years R.I. awarded. There are lots of contradictions and omissions in the statement of the prosecution witnesses. Final hearing of this appeal will take long time. It is further submitted that the jail sentence of co-accused persons

namely, Deepak Yadav, Raghuraj Singh & Rajendra Mishra have already been suspended by this Court, therefore, he seeks parity and prays 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 on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No. 15377 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand 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.

The appellant is further directed to mark his appearance before the Office of this Court o n 17/01/2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

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

vpn VIPIN KUMAR AGRAHARI 2022.12.06 10:48:58 +05'30'