Santosh vs The State Of Madhya Pradesh
2022 Latest Caselaw 8095 MP

Citation : 2022 Latest Caselaw 8095 MP
Judgement Date : 20 June, 2022

Madhya Pradesh High Court

Santosh vs The State Of Madhya Pradesh on 20 June, 2022

Author: Deepak Kumar Agarwal

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             CRA No. 3607 of 2022
                      (SANTOSH Vs THE STATE OF MADHYA PRADESH)

Dated : 20-06-2022
        Shri Anshu Gupta, learned counsel for the appellant.

        Shri Pramod Pachouri, learned Public Prosecutor for the
respondent/State.

Heard on I.A.No.9447/2022, second application under Section 389(1) of Cr.P.C. filed on behalf of appellant for suspension of sentence and grant of

bail.

This appeal has been preferred against the judgment dated 30.03.2022 passed by Special Judge (NDPS),Vidisha in Special Trial No.20/2017 whereby the appellant has been convicted under Section 8 (C) r/w section 20(B)(II)(B) of NDPS Act and sentenced to undergo R.I for one year with fine of Rs.1000/- with default stipulation.

The allegation against the present appellant is that on 10.09.2017 from his possession 150 gms of cannabis ganja was found on which he could not justify the possession. After trial he was convicted and sentenced for the aforesaid

offence. During rrial he was in custody for 28 days.

Learned counsel for the appellant submits that the appellant was on bail during trial and he did not misuse the liberty of bail granted to him. Fine amount has already been deposited. There are fair chances of success of this appeal and the appeal may take long time for its conclusion and the appellant cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and he be released on bail.

On the other hand, the application is opposed by the Counsel for the

State.

Considering the facts and circumstances of the case, I.A.No.9447/2022 is allowed. On depositing the fine amount (if not deposited by the appellant), the remaining jail sentence of appellant shall remain suspended and he shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand) to the satisfaction of trial Court for his appearance before the Registry of this Court on 19.12.2022 and on all other subsequent dates as may be fixed by the office.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

VALSALA VASUDEVAN 2022.06.21 11:06:20 +05'30'