Yogesh Gupta vs The State Of Madhya Pradesh
2022 Latest Caselaw 9231 MP

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                                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                                  AT JABALPUR
                                                                  CRA No. 6261 of 2021
                                                         (YOGESH GUPTA Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 09-07-2022
                                            Mr.Ashish Kurmi, learned counsel for the appellant.

                                            Mr.Himanshu Tiwari, learned Panel Lawyer for the respondent/State.

Heard on admission. The appeal is admitted for hearing. Considered I.A.No.18739/2021, which is first application under section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of bail on behalf of appellant-Yogesh Gupta.

By the impugned judgment dated 23.9.2021 passed by Special Judge (NDPS Act), Sagar in Special Case No.08/2019 the appellant/applicant has been convicted for offences under sections 8 r/w 20(b)(2)(ii)(b) of the NDPS Act and sentenced to undergo R.I. for 5 years and fine of Rs.50,000/- with default stipulations.

As per prosecution case about 5 Kg. of cannabis ('ganja') has been recovered from the illegal possession of the appellant.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has not

properly appreciated the oral and documentary evidence available on record. The appellant is custody since the date of judgment. The appellant was on bail during trial. He belongs to District Hamirpur in the State of Uttar Pradesh. He is first offender and has no criminal record. Final disposal of instant appeal would take considerable time. Hence, prayer has been made to suspend the sentence Signature Not Verified SAN of the appellant and grant him bail.

Digitally signed by RAJESH MAMTANI Date: 2022.07.09 19:23:11 IST Learned Panel Lawyer has opposed the prayer for suspension of

sentence and grant of bail.

Considering the over all facts and circumstances of the case; appellant is first offender and aged about 29 years; period of custody; he was on bail during trial; final disposal of this appeal would take time to conclude; and without commenting on merits of the case, the application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.1,00,000/- (Rupees One lac only) with two sureties of Rs.50,000/- each, out of which one must be of the native place (District Hamirpur) of the appellant and another must be of the State of M.P., to the satisfaction of the trial Court concerned,

the custodial sentence of appellant-Yogesh Gupta remain suspended and he shall be released on bail for securing his presence before the Registry of this Court concerned on 02.12.2022 and on such other dates as may be fixed in this regard during pendency of this appeal.

It is made clear that if the appellant involves himself in similar kind of offence, this order shall immediately become ineffective.

List this case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.07.09 19:23:11 IST