Citation : 2022 Latest Caselaw 504 MP
Judgement Date : 11 January, 2022
1 Cr.A.No.161.2022
Cr.A.No.161.2022
(Satish Dubey vs. State of M.P.)
Gwalior, Dt. 11.01.2022
Matter is heard through video conferencing.
Shri Madhukar Kulshrestha, learned counsel for the appellant.
Shri Purushottam Tanwar, learend Panel Lawyer for the
respondent-State.
Admit.
Record of the Trial Court be called for, if not called.
I.A.No.146/2022, an application under Section 389 of Cr.P.C.
for suspension of sentence and grant of bail on behalf of appellant-
Satish Dubey.
This Criminal Appeal assails the judgment dated 15.12.2021
passed in Special Case No.04/2014; whereby, appellant stands
convicted under Section 8/21("Kha") of the NDPS Act, and sentenced
to undergo one year RI with fine of Rs.5,000/- with default stipulation.
Learned counsel for the appellant- Satish Dubey submits that
the Court below has already suspended the jail sentence of the
appellant and the amount of fine has already been deposited. There is
no possibility of final hearing of this appeal in near future. Appellant is
ready to abide by any condition which may be imposed by this Court.
Hence, prayed to suspend the remaining jail sentence of appellant.
Considering the short period of sentence as well as the fact that
the Trial Court has already suspended the sentence, application is
allowed. On the appellant's furnishing a personal bond in the sum of
Rs.75,000/- (Rupees Seventy Five Thousand only) along-with one
surety in the like amount to the satisfaction of the Trial Court, it is
directed that the remaining jail sentence of the appellant shall remain
suspended and he be released on bail. The appellant shall appear
before the office of this Court on 15/3/2022 and on subsequent dates
given by the Office for appearance till the disposal of the present
appeal.
List the case for final hearing in due course.
Certified copy/ e-copy as per rules/directions.
(Rajeev Kumar Shrivastava) Judge
pwn* PAWAN KUMAR 2022.01.12 11:23:10 +05'30'
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