Neeraj Ahirwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 4416 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                           CRA No. 6002 of 2021
                 (NEERAJ AHIRWAR Vs THE STATE OF MADHYA PRADESH)

Dated : 29-03-2022
      Shri Atul Gupta, learned counsel for the appellant.

      Shri Manish Nayak, Panel Lawyer for the respondent/State.

Admit.

Heard on I.A.No.33750/2021. This is the second application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant- Neeraj Ahirwar.

This appeal has been filed against the judgment of conviction and sentence dated 22/09/2021 passed by Special Judge (NDPS Act), Vidisha (M.P.) in Special Case No.23/2017 by which the appellant has been convicted under Section 8(C) read with Section 20(B)(ii)(b) of the NDPS Act and has been sentenced to undergo rigorous imprisonment of three years with fine of Rs.1,500/- with default stipulation.

It is submitted by learned counsel for the appellant- Neeraj Ahirwar that this is the second application for suspension of sentence and grant of bail to the appellant. Earlier application was dismissed as withdrawn by this

Court. It is further submitted the trial Court has wrongly convicted the appellant without properly appreciating the materials and evidence available on record. The appellant is aged around 29 years. He has already suffered jail sentence near about eight months and eighteen days and fine 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.

Per contra, 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.33750/2021) is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lac 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 2022.03.29 17:44:29 +05'30'