Harisingh Meena vs The State Of Madhya Pradesh
2022 Latest Caselaw 4112 MP

                                                                      01

          THE HIGH COURT OF MADHYA PRADESH
                          CRA 5600/2021
             (Hari Singh Meena & ors. Vs. State of M.P.)

Gwalior, Dated: 24.03.2022
      Shri Brajesh Kumar Tyagi, learned counsel for appellants.

      Shri    Ramadhar    Choubey,   learned      Public   Prosecutor for

respondent/State.

Heard on IA 4062/2022, 1st application under Section 389 of

Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellant No.1 - Hari Singh Meena and IA 4424/22, 1st application

under Section 389 CrPC for suspension of sentence and grant of bail

filed on behalf of appellant No.2-Girraj Agarwal.

This criminal appeal assails the judgment dated 07.09.2021

passed in SC NDPS 6/2019 by Special Jude (NDPS Act) Sheopur (M.P.)

whereby both the appellants have been convicted and sentenced as

under:-

   Section          Sentence         Fine (Rs.)
   20(B)    of 5 years R.I.          Rs. 5,0000/-     with default
   NDPS Act                          stipulation

It is submitted by learned counsel for appellants that appellants

were on bail during trial and they did not misuse the liberty granted to

them. Fine amount has already been deposited by them. The

appellants are ready to abide by all the terms and conditions as may

be imposed by this Court. Final hearing of the appeal will take time

and appellants have a good case on merit. Therefore, prayer for

suspension of sentence has been made.

Learned counsel for the State opposed the application and

prayed for its rejection

In view of the aforesaid and considering the facts and

circumstances of the present case and the fact that the disposal of the

appeal will take its own time, without commenting upon the merits of

the case, it would be appropriate to accept the applications of the

appellants.

Consequently, IA 4062/2022 and IA 4424/2022 are allowed and

it is directed that jail sentence of appellant No.1-Hari Singh Meena

and Appellant No.2-Girraj Agarwal will remain under suspension

subject to verification that the amount of fine has been deposited, on

appellants' furnishing bail bond of Rs.50,000/-(Rupees Fifty Thousand

Only) each with one solvent surety of the like amount to the

satisfaction of concerned Trial Court/CJM/Remand Magistrate

(Whosoever is available) for their appearance before the Principal

Registrar of this Court on 27th of June, 2022 and thereafter on such

further dates as may be fixed by the office of this Court in this regard till

disposal of the appeal.

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 ojha

YOGENDRA OJHA 2022.03.25 14:56:42 +05'30'