Jamuna Prasad Ahirwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 8199 MP

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                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                   CRA No. 1023 of 2022
                                                      (JAMUNA PRASAD AHIRWAR Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 21-06-2022
                                           Mr.Sanjay Gupta, learned counsel for the appellant.

                                           Ms.Hemlata Kshatriya, learned Panel Lawyer for the respondent/State.

Heard on the question of admission. The appeal is admitted for hearing. Considered I.A.No.4492/2022, which is an application under section 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant.

By the impugned judgment dated 24.12.2021 passed by Special Judge (NDPS), Tikamgarh in SC NDPS No.03/2017 the appellant has been convicted for offence u/s 8(Kha), 20(Ka)(Kha)(i) of the NDPS Act and sentenced to undergo R.I. for 5 years with fine of Rs.15,000/- with default stipulation.

As per prosecution case, about 63 canabis ('ganja') plants have been recovered from the 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 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. 24.12.2021. The appellant was on bail during 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 Signature Not Verified SAN sentence.

Digitally signed by RAJESH MAMTANI Date: 2022.06.21 19:24:28 IST Considering the over all facts and circumstances of the case; the

appellant is first offender; the appellant was on bail during trial; he is jail since 24.12.2021; 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 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, namely, Jamna Prasad Ahirwar shall remain suspended and he shall be released on bail for securing his presence before the concerned trial Court on 03.11.2022 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.4492/2022 is allowed. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.06.21 19:24:28 IST