Monu @ Mukulsoni vs The State Of Madhya Pradesh
2022 Latest Caselaw 7314 MP

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          The High Court of Madhya Pradesh
                                                      Cr.A.No.4138/2022

              (Monu @ Mukul Soni Vs. State of M.P.)
Gwalior dated 13.5.2022
      Shri Upendra Yadav, learned counsel for the appellant.
      Shri   K.S.    Tomar,   learned   Public   Prosecutor    for   the
respondent/State.p

Heard on admission.

Appeal being arguable is admitted for final hearing.

Record of the trial Court has been received.

Also heard on IA.No.7298/22, first application u/Sec. 389 of

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

appellant- Monu @ Mukul Soni.

Vide judgment dated 29.3.2022 passed by the Special Judge

(NDPS) Bhind, in NDPS Case No.6/2020 appellant has been

convicted for possessing 20.20 gms of smack under Section 8(C) read

with Section 21(b) of the NDPS Act and sentenced to undergo four

years RI with fine of Rs.10,000/- with default stipulation.

It is submitted by learned counsel for the appellant that from

23.4.20 to 22.3.21 and since 31.3.21 appellant is in custody. Thus, he

has already suffered incarceration of more than two years. Amount of

fine has been deposited. He has a good case on merit. Final hearing of

The High Court of Madhya Pradesh Cr.A.No.4138/2022

the appeal will take time. Therefore, prayer for suspension of

sentence has been made.

Learned counsel for the State opposed the application and

prayed for its rejection.

Considering the facts and circumstances of the case, but

without commenting upon merits of the case, IA.No.7298/2022 is

allowed and it is directed that jail sentence of appellant will remain

under suspension subject to verification that amount of fine has been

deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees

Twenty Five Thousand Only) with one solvent surety of the like

amount to the satisfaction of concerned Trial Court for his appearance

before the Principal Registrar of this Court on 27th September, 2022

and on such further dates as may be fixed by the office in this regard

till disposal of the appeal.

C.c. as per rules.

                                                   (Deepak Kumar Agarwal)
     YOGENDRA
     OJHA                                                  Judge
ojha 2022.05.14
     11:41:23
     +05'30'