Jeetu @ Ajeet Naagpal vs The State Of Madhya Pradesh
2022 Latest Caselaw 2400 MP

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             The High Court of Madhya Pradesh
                                                         Cr.A.No.7981/2021

               (Jeetu @ Ajeet Nagpal Vs. State of M.P.)

Gwalior dated 21.2.2022

      Shri A.K.Dwivedi, learned counsel for the appellant.

      Shri   B.P.S.Chauhan,     learned    Public    Prosecutor   for   the

respondent/State.

Heard on admission.

Appeal being arguable is admitted for final hearing.

Record of the trial Court has been received.

Also heard on IA.No.33754/2021, first application u/Sec. 389(1)

of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellant- Jeetu @ Ajeet Nagpal

This criminal appeal has been filed against the judgment dated

2.12.2021 passed in Spl. S.T.No.23/2020 by the Special Judge (NDPS

Act), Gwalior, convicting appellant under Section 8(c) read with

Section 21(b) of the NDPS Act and sentencing him to suffer 4 years RI

with fine of Rs.5,000/- with default stipulation.

As per prosecution case, on 4.9.2020 from the illegal possession

of appellant 80 gms of brown-sugar has been seized.

It is submitted by learned counsel for the appellant that out of

four years jail sentence, appellant has already suffered more than one

year and five months incarceration. During trial appellant was on bail,

but he did not misuse the liberty so granted. Amount of fine has been

deposited by him. Final hearing of the appeal will take time and

appellant has a good case on merit. Therefore, prayer for suspension of

The High Court of Madhya Pradesh Cr.A.No.7981/2021

sentence has been made.

Learned counsel for the State opposed the application and prayed

for its rejection.

Considering the facts and circumstances of the case, but without

commenting upon merits of the case, IA.No.33754/2021 is allowed

and it is directed that jail sentence of appellant- Jeetu @ Ajeet Nagpal

will remain under suspension subject to verification that amount of fine

has been deposited, on appellant's furnishing bail bond of Rs.25,000/-

(Rupees Twenty Five Thousand Only) with one solvent surety of the

like amount to the satisfaction of concerned Trial Court for his

appearance before the Principal Registrar of this Court on 25th July,

2022 and on such further dates as may be fixed by the office in this

regard till disposal of the appeal.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge ms/-

MADHU SOODAN PRASAD 2022.02.21 17:11:12 +05'00'