Jagdish Prasad Kewat vs The State Of Madhya Pradesh
2023 Latest Caselaw 20437 MP

Madhya Pradesh High Court

Jagdish Prasad Kewat vs The State Of Madhya Pradesh on 4 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 12915 of 2023
                                         (JAGDISH PRASAD KEWAT Vs THE STATE OF MADHYA PRADESH)

                          Dated : 04-12-2023
                                Shri P.N. Verma- Advocate for appellant.

                                Shri D.K. Shrivastava- Government Advocate for respondent /State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on IA No. 25698/2023, which is an application filed under

Section 482 of Cr.P.C. for taking additional documents taken on record regarding medical health status of appellant.

On due consideration, IA No. 25698/2023 stands allowed and aforesaid documents are taken on record.

Further heard on I.A. No.24265/2023 this is first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Jagdish Prasad Kewat.

The appellant has been convicted vide judgment dated 26/09/2023 passed by Special Judge (NDPS Act), Satna in SC NDPS No. 11/2017 and appellant

has been convicted for offence punishable under Section 8/20 of NDPS Act and sentenced to undergo RI for 5 years and to pay fine amount of Rs. 3,000/- with usual default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant for aforesaid offence. Learned counsel for appellant submits that the appellant is in custody since 26/09/2023 and he is suffering from several diseases and he also filed IA No. 25698/2023 in this

regard. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

O n the other hand, learned Government Advocate opposed the application, however, candidly admits regarding disease of appellant.

Looking to the aforesaid facts and circumstances of the case coupled with the fact medical health status of appellant and according to listing policy

the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant -Jagdish Prasad Kewat s hall remain suspended during the pendency of this appeal subject to depositing entire fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety in like amount to the satisfaction of the trial Court for securing his presence before the trial Court on 01/02/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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