Gajanand vs The State Of Madhya Pradesh
2022 Latest Caselaw 8903 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 4536 of 2022 (GAJANAND Vs THE STATE OF MADHYA PRADESH)

Dated : 04-07-2022 Shri B.K. Upadhyay, Advocate with Shri Aishwarya Sahu, counsel for

the appellant.

Ms. Pushpanjali Dwivedi, Panel Lawyer for the State. Heard on question of admission.

The appeal is admitted for final hearing.

Heard on I.A. No.8807/2022, which is first application under section

389 (1) of Cr.P.C. on behalf of appellant- Gajanand for suspension of sentence and grant of bail.

By the impugned judgment dated 04.05.2022 passed by the Special Judge, N.D.P.S. Act, 1985, Narmadapuram, District Narmadapuram in S.C.N.D.P.S No.14/2017, the appellant has been convicted by the trial Court under Section 8 read with Section 20 (b) (ii) (B) of N.D.P.S. Act and has been sentenced to undergo R.I. for 2 years and fine of Rs. 5000/- with default stipulation.

As per prosecution case, about 6 k.g.300 grams of 'ganja' has been

recovered from the possession of the appellant.

Learned counsel for the appellant submitted that appellant is innocent and has falsely been implicated in the crime in question. He further submits that appellant is aged about 34 years. The Court below has not properly appreciated the oral and documentary evidence available on record. The appellant is in jail Signature Not Verified SAN since the date of judgment i.e. 04.05.2022. The appellant was on bail during Digitally signed by NITESH PANDEY Date: 2022.07.04 18:35:45 IST trial. He is first offender. Final disposal of this appeal would take considerable

time. Hence, prayer has been to suspend the jail sentence of the appellant.

Learned Panel Lawyer has opposed the prayer for suspension of sentence.

Considering the over all facts and circumstances of the case, the appellant is first offender, the appellant was on bail during trial, he is in jail since 04.05.2022, disposal of present appeal would take considerable time, and without commenting on merits of the case, the application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond each in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the

satisfaction of the trial Court concerned, the custodial sentence of appellant- Gajanand shall remain suspended and he shall be released on bail for securing his presence before the concerned trial Court on 10.11.2022 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant shall regularly appear before the concerned trial Court on each and every date, as may be directed by that Court without fail. It is made clear that if the appellant again involves himself in similar kind of offence, this order would immediately become ineffective without further reference to the Court.

Accordingly, the application I.A. No.8807/2022 is allowed. List this matter for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

Signature Not Verified SAN Nitesh

Digitally signed by NITESH PANDEY Date: 2022.07.04 18:35:45 IST