Upendra @ Ichhu vs The State Of Madhya Pradesh
2023 Latest Caselaw 6803 MP

                                      1

   IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                            CRA-5398-2023
    (UPENDRA @ ICHHU Vs . STATE OF MADHYA PRADESH)

DATED:- 26-04-2023

       Shri H.K. Shukla- Advocate for the appellant.
       Shri Nitin Goyal- Panel Lawyer for the respondent/State.

IA No.7257/2023, an application for correction in the appeal

memo, is taken up, considered and allowed for the reasons mentioned

therein.

Let necessary amendment be carried out three working days.

Heard on the question of admission.

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

hearing.

Learned Panel Lawyer 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.6977/2023, an application under Section

389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on

behalf of the sole appellant - Upendra @ Ichhu.

This appeal has been preferred against the judgment dated

11/04/2023 passed by Special Judge (NDPS), District- Shivpuri (M.P.) in

Special Case No.03/2018, whereby the appellant has been convicted and

sentenced as under:-

         Sections                Sentence        Fine (Rs.)     Default
                                                              Stipulation
 8(C) read with 20(B)(2)        4 Years RI        5,000/-     2 Months RI
    (B) of NDPS Act

Allegation against the appellant, in short, is that on 22/08/2018, on

the given information by the informer, the police reached the spot and

seized 900 gms. of Ganja from the possession of the appellant. On the

basis of aforesaid, crime has been registered against the appellant.

Learned counsel for the appellant submits that appellant is aged

about 40 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. During

trial, appellant remained in custody for more than two months and now

he is in custody from the date of passing of the judgment. The appellant

is the permanent resident of District- Shivpuri (M.P.) and there are fair

chances of success of this appeal and the appeal 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 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.6977/2023 is allowed.

It is, therefore, directed that if appellant deposits the entire fine

amount, if not already deposited, and furnishes a cash security of

Rs.25,000/- alongwith a personal bond in the sum of Rs.25,000/-(Rupees

Twenty Five Thousand Only) to the satisfaction of trial Court for his

appearance before the Registry of this Court on 20th of July, 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.

In case of any default, cash security of Rs.25,000/- shall stand

forfeited without giving any notice to him.

IA No.6977/2023 stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for

necessary compliance.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH

RAHUL SINGH rahul GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab 676d0cde4dee473fe77953f5,

PARIHAR pseudonym=68E0B84BAE73376CD071289B3D9FE728CE0 0D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED9 10FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.04.27 09:46:21 +05'30'