Pratap Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 398 MP

                                                       01Cr.A.160/2022

               HIGH COURT OF MADHYA PRADESH

                          Cr.A. No. 160/2022

         (Pratap Singh & Munna Singh vs. State of M.P. )

Gwalior, Dated: 07.01.2022
      Shri P.S.Bhadoria, learned counsel for the appellants.

      Shri B.M.Shrivastava, learned Public Prosecutor for the

respondent/State.

IA.No.145/2022, first application u/Sec. 389 of Cr.P.C. for

suspension of sentence and grant of bail filed on behalf of appellants

is taken up and considered.

This criminal appeal assails the judgment dated 24.12.2021

passed in S.T.No.06/2015 by the Special Judge (NDPS Act), Shivpuri,

whereby appellants have been convicted and sentenced as under:-

Sections Imprisonment Fine 8(B) NDPS & four years each Rs.5,000/- each In default 2 20(A)(i) NDPS months RI Act

It is submitted by learned counsel for the appellants that the

Court below has wrongly convicted the appellants without appreciating

the evidence and materials available on record. The appellants are on

bail during trial and they have not misused the liberty granted to them

and the fine amount has already been deposited. Learned counsel for

the appellant further submits that hearing of this appeal shall take

considerably long time. Under these circumstances, he prayed to

suspend the jail sentence of the appellants and grant bail.

02Cr.A.160/2022

In support of his contention, learned counsel for the appellants

relied upon a decision rendered by the Hon. Apex Court in the case of

Dadu @ Tulsidas Vs. State of Maharashtra reported in (2000) 8

SCC 437.

Learned counsel for the State opposed the application and

prayed for its rejection by contending that on the basis of the

allegations and the material available on record, no case for grant of bail

is made out.

Considering the facts and circumstances of the case, but

without commenting anything on the merits of the case,

IA.No.145/2022 is allowed and it is directed that jail sentence of

appellants will remain under suspension subject to verification that

the amount of fine has been deposited, on appellants furnishing bail

bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) each

with one solvent surety each of the like amount to the satisfaction of

concerned Trial Court for their appearance before the Principal

Registrar of this Court on 28th March, 2022 and thereafter on such

further dates as may be fixed by the office of this Court in this regard

till disposal of the appeal.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge

vv VALSALA VASUDEVAN 2022.01.07 16:56:44 +05'30'