[email protected] Kallu Mishra vs The State Of Madhya Pradesh
2022 Latest Caselaw 8100 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                              CRA No. 3802 of 2022
                 ([email protected] KALLU MISHRA Vs THE STATE OF MADHYA PRADESH)

Dated : 20-06-2022
         Shri Ram Kishor Sharma, learned counsel for the appellant.

         Shri Ramadhar Choubey, learned Public Prosecutor for the respondent-

State.

Heard I.A.No.6699/2022, this is the first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Yogesh @ Kallu Mishra.

This Criminal Appeal assails the judgment dated 25/03/2022 passed in Special ST No.26/2019 passed by Special Judge, NDPS Act, Gwalior (M.P.) whereby, appellant stands convicted under Section 8/21(Kh) of the NDPS Act and sentenced him to undergo 5 years RI with a fine of Rs.10,000/- in default stipulation.

Learned counsel for the appellant submits that the appellant is in custody since 25/03/2022 i.e date of judgment of the trial Court. The fine amount has alread y been deposited by the appellant. There are omissions and contradictions in the statement recorded before the Trial Court. Final hearing of

this appeal will take long time. It is further submitted that the co-accused- Girraj Singh Bhadouria has already suspended the jail sentence by this Court vide order dated 23/04/2022 passed in M.Cr.C.No.3571/2022. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Learned State counsel has vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available

on record.

Considering the arguments advanced by learned counsel for the parties and co-accused has already suspended the jail sentenced by this Court, without commenting on merits of the case, I.A.No. 6699/2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 05/09/2022 and on subsequent dates given by the

Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Monika MONIKA SHARMA 2022.06.21 11:14:53 +05'30'