Haruprasad @ Hariprasad Bhilala vs The State Of Madhya Pradesh
2022 Latest Caselaw 9905 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3404 of 2022 (HARUPRASAD @ HARIPRASAD BHILALA Vs THE STATE OF MADHYA PRADESH)

Dated : 19-07-2022 Shri Anurag Sahu, Advocate for the appellant.

Ms. Seema Sahu, Panel Lawyer for the State.

Heard on question of admission.

The appeal is admitted for final hearing.

Also heard on I.A. No.6304/2022, which is first application under Section 389 (1) of Cr.P.C. on behalf of appellant- Haruprasad @ Hariprasad

Bhilala for suspension of sentence and grant of bail.

B y the impugned judgment dated 25.03.2022 passed by the Special J u d g e , N.D.P.S. Act, 1985, Hoshangabad, District Hoshangabad in S.C.N.D.P.S No.12/2017, 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 01 year and six months and fine of Rs. 8,000/- with default stipulations.

As per prosecution case, about 5 k.g. of cannabis '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 60 years. The Court below has not properly appreciated the oral and documentary evidence available on record. The appellant is in jail since the date of judgment i.e. 25.03.2022. The appellant was on bail during Signature Not Verified SAN trial. He is first offender. Final disposal of this appeal would take considerable Digitally signed by NITESH PANDEY Date: 2022.07.19 18:19:06 IST 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 and taking into account that the appellant is first offender, the appellant was on bail during trial, he is in jail since 25.03.2022, disposal of present appeal would take considerable time, 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.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- Haruprasad @ Hariprasad Bhilala shall remain suspended and he shall be released on bail for securing his presence before the concerned trial Court on 13.12.2022 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.6304/2022 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: 2022.07.19 18:19:06 IST