Mohit Shukla vs The State Of Madhya Pradesh
2022 Latest Caselaw 323 MP

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             The High Court Of Madhya Pradesh
                       CRA-8216-2021
               (MOHIT SHUKLA Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated:-06/01/2022
      Shri Samar Ghuraiya, learned counsel for the appellant.

      Shri Rohit Shrivastava, learned Panel Lawyer for the

respondent/State.

Admit.

I.A.No.34056/2021, an application for urgent hearing is taken

up, considered and allowed for the reasons mentioned therein.

Heard on I.A.No.34007/2021, first application under Section

389(1) of Cr.P.C. for suspension of jail sentence on behalf of the

appellant.

This criminal appeal has been filed against the judgment dated

15/12/2021 passed by Special Judge (NDPS Act), Gwalior in Special

ST No.2596/2016.

The appellant has been convicted and sentenced as under:-

Section             Sentence          Fine               In        default
                                                         stipulation
8(g) read with 3 years of R.I.        Rs.5000/-          three    months
section 21(k) of                                         R.I.
NDPS Act

It is submitted by the learned counsel for appellant that this is

the first application for suspension of sentence on behalf of the

appellant. Appellant has wrongly been convicted & sentenced by the

trial Court. There are lot of contradictions and omissions in the

evidence of the prosecution witnesses. Fine amount has already been

The High Court Of Madhya Pradesh CRA-8216-2021 (MOHIT SHUKLA Vs THE STATE OF MADHYA PRADESH)

deposited by the appellant. It is also submitted that hearing of this

appeal shall take considerably long time. Therefore, prays to suspend

the jail sentence of the appellant.

Learned State counsel has vehemently opposed the submissions

and prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties and perused the

documents available on record.

Considering the facts and circumstances of the case as well as

custody period of the appellant, the application I.A.No.34007/2021 is

disposed of and it is hereby directed that the appellant shall be

released on bail for a temporary period of 90 days from the date of his

release on his 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 trial Court. The appellant shall surrender

before the trial Court immediately after completion of 90 days. The

intimation regarding surrender of the appellant be furnished to this

Court. In case of failure to comply the order, this bail order shall

automatically stand cancelled.

List the case for final hearing in due course.

Certified copy as per rules.

(Rajeev Kumar Shrivastava) Judge Monika

MONIKA SHARMA 2022.01.07 11:25:58 +05'30'