Bhairo Singh Kevat vs The State Of Madhya Pradesh
2023 Latest Caselaw 6316 MP

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   IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                            CRA-5245-2023
     (BHAIRO SINGH KEVAT Vs . STATE OF MADHYA PRADESH)

DATED:- 19-04-2023

      Shri Nitin Goyal- Advocate for the appellant.
      Shri Lokendra Shrivastava- Public Prosecutor for the
respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence, it is admitted for final hearing.

Learned Public Prosecutor for the respondent/State accepts notice on behalf of the respondent/State.

Let record of the trial Court be called for Also heard on I.A. No.6733/2023, 1st application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the sole appellant - Bhairo Kevat.

This appeal has been preferred against the judgment dated 10/04/2023 passed by Special Judge (NDPS), District- Vidisha (M.P.) in Special NDPS Case No.30/2018, whereby the appellant has been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation

8 read with 20(II)(B) of 2 Years RI 2,000/- 3 Months RI NDPS Act

Prosecution story found to be proved against the appellant is that 1Kg. 200 grams of Ganja has been seized from the possession of the appellant. On the basis of aforesaid, crime has been registered against the appellant. After completion of investigation, charge-sheet has been filed.

Learned counsel for the appellant submits that appellant is aged 55 years and he has been falsely implicated in this case. He is not concerned with the case directly or indirectly. The appellant has been wrongly convicted by the learned trial Court. The appellant was on bail during trial and he has not misused the liberty granted to him. The appellant is a permanent resident of District- Vidisha (M.P.) and there are fair chances of success of this appeal. Learned trial Court has already suspended his jail sentence for a period of one month from the date of judgment. The appeal is of the year 2023 which may take long time for its conclusion and the appellant cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the other hand, learned Public Prosecutor appearing on behalf of the respondent/State opposed the bail application and prayed for rejection of this application.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.6733/2023 is allowed.

It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent

surety of the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 4th of September, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him, shall remain suspended till further orders and he shall be released on bail.

IA No.6733/2023 is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

Certified copy as per rules/directions.

(DEEPAK KUMAR AGARWAL) JUDGE

rahul Digitally signed by RAHUL SINGH PARIHAR

RAHUL SINGH DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0c

PARIHAR de4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4 AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.04.20 11:54:38 +05'30'