Mahesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3683 MP

                                        1

           The High Court Of Madhya Pradesh
                      CRA No. 1471 of 2022
                (MAHESH Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated:15.03.2022
      Shri Munna Lal Tomar, learned counsel for the appellant.

      Shri R.K. Awasthi, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.2436/2022 under Section 389 of Cr.P.C. filed

by appellant- Mahesh for suspension of sentence and grant of bail.

Vide judgment dated 28.01.2022 passed by Special Judge,

N.D.P.S. Act, Vidisha in Sessions Trial No.5/2017(NDPS) by which

the appellant has been convicted under Section 8 r/w 21(b) of NDPS

Act, 1985 and sentenced to undergo for two years R.I., with a fine of

Rs.3,000/-. In default of payment of fine he has to undergo three

months R.I.

From the possession of appellant 7.400gms of smack was

seized and in the open market the value was Rs.70,000/-.

It is submitted by counsel for the appellant that appellant was

in custody from 08.02.2017 to 05.04.2017 and from 10.01.2022 to

27.01.2022 (total 75 days). Fine amount has already been deposited

by the appellant. Final hearing of this appeal will take time.

Therefore, prays for grant of suspension of sentence.

On the other hand, the application is opposed by the State

Counsel.

In the case of Dadu @ Tulsidas Vs. State of Maharashstra

(2000) & SCC 437, it was held that the appellate Court has

jurisdiction to suspend the sentence. Section 32A of NDPS Act, so far

it ousts the jurisdiction of Court to suspend the sentence is

unconstitutional.

Considering the aforesaid facts and circumstances of the case,

without commenting anything on merits of the case,

I.A.No.2436/2022 is allowed. Subject to verification of fine amount

amount deposited by the appellant and on furnishing a personal bond

in the sum of Rs.25,000/- (Rupees fifty thousand only)

with one solvent surety in the like amount to the satisfaction of the

concerned trial Court, the remaining jail sentence of the appellant

shall remain suspended and he shall be released on bail.

The appellant shall firstly appear before the Registry of this Court on

14th June, 2022 and thereafter on all other subsequent date as

may be fixed by the Registry in this regard, till disposal of this appeal.

C.C.as per rules.

                                                (Deepak Kumar Agarwal)
mani                                                  Judge

SUBASRI
MANI
2022.03.15
18:49:18
-07'00'