Hariballabh Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 2095 MP

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           The High Court Of Madhya Pradesh
                    CRA No. 6848 of 2021
                 (HARIBALLABH SHARMA Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 15-02-2022
      Shri Rishi Kumar Soni, learned counsel for the appellant.

      Shri Prusuhottam Tanwar, learned Panel Lawyer for the respondent-State.

The appeal being arguable is admitted for final hearing. Heard on I.A. No.32741/2021, an application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the appellant.

This appeal has been filed against the judgment of conviction and sentence

dated 9/10/2021 passed by Special Judge (NDPS Act), Datia, in Special Case No.06/2015 by which the appellant has been convicted under Section 18(Ga) 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- Hariballabh Sharma that the trial Court has wrongly convicted the appellant without properly appreciating the materials and evidence available on record. As per prosecution story, 15 gms ganja was recovered from the possession of the appellant. He further submits that during trial the appellant was on bail and he did not misuse the liberty

so granted. Further, the appellant is in custody from the date of judgment i.e. 09/10/2021. The mandatory provisions of Section 50 of NDPS Act has also not been complied with which is mandatory. In support of his submission, learned counsel for the appellant has relied upon the judgment passed by the Supreme Court in the case of Arif Khan vs. State of Uttarakhand:[AIR 2018 SC 2123]. It is further submitted that the appellant has already suffered around 7 months of incarceration.. There is no possibility of final hearing of this appeal in near future. Hence, prayed to suspend the jail sentence of the appellant and grant of bail to him.

Learned counsel for the State opposed the suspension application and prayed to reject the same.

Considering the facts and circumstances of the case, without commenting on merits of the case, I.A.No.32741/2021 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal

bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the concerned 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 on

05/4/2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

Certified copy/E-copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

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PAWAN KUMAR 2022.02.15 16:31:33 +05'30'