Jaypal Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 13975 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                            CRA No. 7947 of 2021
              (JAYPAL YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 31-10-2022
      Shri Raj Kumar Shrivastava on behalf of Shri Ekshtar Qureshi, and Shri

Rajeev Shrivastava, learned counsel for the appellants.
      Ms. Abha Mishra, learned Public Prosecutor for the respondent-State.

Heard on I.A. No.33591/2021 and IA No.11320/2022 , applications under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the appellants.

T his appeal has been filed against the judgment of conviction and sentence dated 14/12/2021 passed by Special Judge (NDPS Act), Ashoknagar (M.P.) in Special S.T. No. 07/2013 by which the appellants have been convicted under Section 8(G) and 20(kha) (ii) (kha)of the NDPS Act and have been sentenced to undergo rigorous imprisonment of four years RI with fine of Rs.2000/- respectively with default stipulation.

It is submitted by learned counsel for the appellants that the trial Court has wrongly convicted the appellants without properly appreciating the materials and evidence available on record. As per prosecution story, 4.5 kg

and 1.100 kg ganja were recovered from the possession of the appellants. He further submits that during trial the appellants were on bail and they did not misuse the liberty so granted. The mandatory provisions of Section 50 of NDPS Act has also not been complied with which is mandatory. It is further submitted that the appellants have already suffered around 10 months of incarceration. There is no possibility of final hearing of this appeal in near future. Hence, prayed to suspend the jail sentence of the appellants and grant of

bail to them.

Learned counsel for the State opposed the suspension application and prayed to reject the same.

Considering the facts and circumstances of the case, without commenting on merits of the case, 33591/2021 and IA No.11320/2022 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 Lakh only) each 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 and they be released on bail. The appellants are further directed to

mark their appearance before the Office of this Court on 09/01/2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

Certified copy/E-copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Prachi

PRACHI MISHRA 2022.11.01 16:09:09 +05'30'