Mukesh Parihar vs The State Of Madhya Pradesh
2022 Latest Caselaw 3684 MP

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               HIGH COURT OF MADHYA PRADESH,
                         BENCH AT GWALIOR
                             CRA-1736-2022
                  (Mukesh Parihar Vs. State of M.P.)


Gwalior, Dated : 15/03/2022

      Smt. Uma Kushwaha, learned counsel for the appellant.

      Shri R.K. Awasthi, learned Public Prosecutor for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence, it is admitted for final hearing.

Learned Public Prosecutor for the respondent/State accepts notice on

behalf of the respondent/State.

Record of the trial Court is available.

Also heard on I.A. No.2818/2022, an application under Section 389

(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf

of the sole appellant - Mukesh Parihar.

This appeal has been preferred against the judgment dated 11/02/2022

passed by Special Judge NDPS, Gwalior District- Shivpuri (M.P.) in Special

Case No.08/2019, whereby the appellant has been convicted and sentenced

as under:-

         Sections                 Sentence       Fine (Rs.)      Default
                                                               Stipulation
 8(x) read with 20(ख)(II)         1 Years RI       5,000/-    3 Months RI
    (B) of NDPS Act

Prosecution story, in short, is that on 25/04/2017, during checking of

vehicles, the police received an information given by the informer and on

that information, the police reached the spot and seized 1 Kg and 100 gms.

of Cannabis plants (Ganja) from the possession of the appellant. On the basis

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-1736-2022 (Mukesh Parihar Vs. State of M.P.)

of aforesaid, crime has been registered against the appellant.

Learned counsel for the appellant submits that appellant is a youth of

27 years of age and he has been falsely implicated in this case. He is not

concerned with the case directly or indirectly. The appellant has been

wrongly convicted by the learned trial Court. The appellant was on bail

during trial and he has not misused the liberty granted to him. It is also

submitted that trial Court has failed to consider the ratio laid down in the

case of Dadu @ Tulsidas Vs. State of Maharashtra [(2000) 8 SCC 437]

while rejecting the application of the appellant. The appellant is a permanent

resident of District- Gwalior (M.P.) and 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 the appellant be

released on bail.

On the other hand, learned Public Prosecutor appearing on behalf of

the respondent/State opposesd the bail application and prayed for rejection of

this application.

Keeping in view of the aforesaid submissions of learned counsel for

the parties and the fact that an early hearing of this case is not possible, I.A.

No.2818/2022 is allowed.

It is, therefore, directed that if appellant deposits the entire fine

amount, if not already deposited, and furnishes a personal bond in the sum of

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-1736-2022 (Mukesh Parihar Vs. State of M.P.)

Rs.25,000/-(Rupees Twenty Five Thousand Only) with one solvent surety

of the like amount to the satisfaction of trial Court for his appearance before

the Registry of this Court on 20th of June, 2022 and on such subsequent

dates as may be fixed in this regard, sentence of imprisonment awarded to

him, shall remain suspended till further orders and he shall be released on

bail.

A copy of this order be sent to the trial Court concerned for necessary

compliance.

Certified copy/e-copy as per rules/directions.

(DEEPAK KUMAR AGARWAL) JUDGE

rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d 0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D48 7, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD 4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.03.15 18:24:59 +05'30'