Brajesh Rathore vs The State Of Madhya Pradesh
2022 Latest Caselaw 3930 MP

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  IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
                           CRA No. 8143 of 2021
                 (BRAJESH RATHORE Vs THE STATE OF MADHYA PRADESH)

Dated : 22-03-2022
       Shri Arvind Kumar Dwivedi, learned counsel for the appellant.
       Shri Manish Nayak, Panel Lawyer for the respondent/State.

Admit.

Heard on I.A.No.33844/2021, an application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant- Brijesh Rathore.

This appeal has been filed against the judgment of conviction and sentence dated 10/12/2021 passed by Special Judge (NDPS Act), Gwalior (M.P.) in Special Sessions Trial No.35/2017 by which the appellant has been convicted under Section 8/20(kha) of the NDPS Act and has been sentenced to undergo rigorous imprisonment of one year with fine of Rs.5,000/- with default stipulation.

It is submitted by learned counsel for the appellant that the trial Court

has wrongly convicted the appellant without properly appreciating the materials and evidence available on record. The appellant is aged

around 42 years. It is further submitted that the appellant has already suffered jail sentence near about four months and find amount has already

been deposited by the appellant. Final hearing of this appeal will take long time. 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 for its rejection.

Heard learned counsel for the rival parties and perused the materials available on record.

Considering the facts and circumstances of the case, without commenting upon the merits of the case, application (I.A.No.33844/2021) is hereby allowed. Subject to depositing of fine

amount, if not already deposited, and on furnishing personal bond of Rs.75,000/- (Rupees Seventy Five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned Court, the remaining jail sentence of the appellants shall remain suspended. The appellant is further directed to mark his appearance before the Office of this Court on 23/6/2022

and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

Certified copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

pwn* PAWAN KUMAR 2022.03.22 17:15:46 +05'30'