Ghanshyam Luniya vs The State Of Madhya Pradesh
2022 Latest Caselaw 13506 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 8005 of 2021 (GHANSHYAM LUNIYA Vs THE STATE OF MADHYA PRADESH)

Dated : 13-10-2022 Shri G.S. Rajput, Advocate for the appellant.

Shri Anoop Sonkar, Panel Lawyer for the State. Heard on I.A. No.22977/2021, which is first application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted by the trial Court under Section 8 (Ga) read with 20 of the N.D.P.S. Act and sentenced to R.I. for 4 years with fine of

Rs.10,000/- with default stipulation.

Allegation against the appellant is that about 2 kgs. of contraband (ganja) has been recovered from his possession.

Learned counsel for the appellant has submitted that the trial Court has no t properly appreciated the oral and documentary evidence on record. The appellant is a first offender. He has no criminal past. Fine amount has not deposited by the appellant. He is in custody and disposal of this appeal would take considerable time, therefore, the custodial sentence of the appellant be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the prayer for grant of bail. Lo o king to the quantity of contraband (Ganja) seized from the possession of the appellant and considering that the appellant is a first offender and he was in custody from 06.12.2017 to 28.12.2017 during the trial, thereafter, from the date of the judgment i.e. 29.11.2021, period of jail sentence Signature Not Verified SAN and period of his custody, I find it to be a fit case to suspend the jail sentence Digitally signed by NITESH PANDEY Date: 2022.10.13 17:09:05 IST of appellant and to release him on bail, therefore, without commenting on the

merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon appellant shall remain suspended during the pendency of this case and he shall be released on bail.

The appellant shall appear before the trial Court concerned on 22.2.2023 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal, without fail.

List this matter for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

Nitesh

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2022.10.13 17:09:05 IST