Amit Saxena vs The State Of Madhya Pradesh
2022 Latest Caselaw 17150 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                    CRA No. 12533 of 2022
                                             (AMIT SAXENA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 29-12-2022
                                Mr. Brajesh Tyagi, learned counsel for the appellant.

                                Mr. V.P.S. Tomar, learned Panel Lawyer for the respondent - State.

Heard.

Admit.

Let record of the Court below be requisitioned. Heard o n I.A.No.20237/2022, first application for suspension of

sentence and grant of bail moved on behalf of appellant.

T he appellant stands convicted under Sections 8(C) read with Section 20(b)(ii)(B) of NDPS Act and sentenced to undergo 03 years' RI with fine of Rs.3,000/- with default stipulation vide judgment of conviction and order of sentence dated 20.12.2022 passed by Special Judge (NDPS Act), District Vidisha in Special Case No.02/2017.

Learned counsel for appellant while taking exception to the impugned judgment submits that the Sessions Court has not appreciated the evidence placed on record in correct perspective. The appellant was on bail during trial

and has not misused the liberty so granted. Fine amount has also been deposited. The appeal is of the year 2022 and there is no likelihood of early hearing of this appeal in the near future. Under such circumstance, learned counsel prays for suspension of sentence and grant of bail on behalf of appellant.

Per contra, learned counsel for the respondent-State opposed the application supporting the impugned judgment. Signature Not Verified Signed by: BARKHA SHARMA Signing time: 29-Dec-22 3:10:21 PM

Upon hearing learned counsel for the rival parties, without commenting upon the contentions so advanced touching the merits of the case, but regard being had to the fact that appellant was on bail during trial and he did not misuse the liberty so granted to him; fine amount has already been deposited and also looking to the fact that final hearing of appeal will take time, therefore, jail sentence of appellant deserves to be suspended during pendency of the present appeal.

Accordingly, it is directed that the jail sentence of appellant shall remain suspended during pendency of the present appeal and he shall be released on bail subject to verification of the factum of depositing the fine amount and on

his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court. He is directed to appear before the Registry of this Court first on 06/02/2023 and on other subsequent dates as may be fixed in this behalf by the Registry of this Court.

Accordingly, I.A.No.20237/2022 stands allowed and disposed of. Certified copy as per rules.

List the case for final hearing in due course.

(ROHIT ARYA) V. JUDGE

bj/-

Signature Not Verified Signed by: BARKHA SHARMA Signing time: 29-Dec-22 3:10:21 PM