Pankaj vs The State Of Madhya Pradesh
2022 Latest Caselaw 7434 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                       Cri.A. No. 2489/2022
                     (Pankaj Vs. State of MP)


Indore, dated 19/5/2022
      Shri Gaurav Laad, learned counsel for the appellant.
      Shri Rajendra Suryavanshi, learned GA for State.
          Heard on IA Nos. 7128/2022 and 7129/2022 which are
applications for urgent hearing.
      On due consideration both IAs are allowed.
      Also heard on IA No. 6593/2022, an application under
Section 389(1) of Cr.P.C. on behalf of appellant Pankaj for
suspension of jail sentence and grant of bail.
          The appellant has been convicted and sentenced as
under:-


Offence U/s       Sentence          Fine amount       In default of
                  Awarded                             fine (RI)

 8/18(C)          5 years R.I.      Rs. 50,000/-      1 year's RI



      Learned counsel for appellant submits that the judgment
and order of conviction passed by learned court below is wrong
on facts and in law. The appellant was on bail during trial and
  HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                      Cri.A. No. 2489/2022
                    (Pankaj Vs. State of MP)


he has not misused such liberty of bail. He also submits that the
seized quantity is less than the commercial quantity. Hence he
prays for grant of bail and suspension of execution of jail
sentence during pendency of the appeal.
      Learned GA for State opposes the application and
submits that looking to the nature of offence no case is made
out for suspension of jail sentence and grant of bail to the
appellant.
      Considering all the facts and circumstances of the case,
nature and gravity of offence and also the fact that appellant
was on bail during trial and he has not misused such liberty,
the seized quantity is less than the commercial quantity, it
would be appropriate to allow the application of appellant for
suspension of sentence and grant of bail.
      It is directed that on deposition of fine amount, if already
not deposited and also on furnishing personal bond of Rs.
1,50,000/- (Rupees One Lakh Fifty Thousand only) with one
solvent surety in the like amount to the satisfaction of the trial
Court for his appearance before this Court/Registry on
1.

11.2022 and on all other subsequent dates, as may be fixed by HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Cri.A. No. 2489/2022 (Pankaj Vs. State of MP)

the Registry in this behalf, the execution of substantive jail sentence imposed on the appellant shall remain suspended, till final disposal of this appeal.

IA stands disposed off. C.C. As per rules.

(ANIL VERMA) JUDGE BDJ

Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2022.05.20 12:25:02 +05'30'