Dinesh Chouksey vs The State Of Madhya Pradesh
2023 Latest Caselaw 20941 MP

Madhya Pradesh High Court

Dinesh Chouksey vs The State Of Madhya Pradesh on 11 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 4146 of 2022
                                       (DINESH CHOUKSEY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-12-2023
                                 Shri R.K.Tiwari - Advocate for appellants.

                                 Mrs.Ekta Gupta - Panel Lawyer for respondent/State.

Heard on I.A. No.13557/2023 this is fourth application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Dinesh Chouksey.

The appellant has been convicted vide judgment dated 31/03/2022 passed by Special Judge (NDPS Act), Dindori in SC NDPS Case No. 08/2018 and appellant has been convicted for offence punishable under Section 8(C) sub section 20(B)(ii)(B) of NDPS Act, 1985 and sentenced to undergo RI for 5 years and to pay fine amount of R I t is submitted by the counsel for the appellants that appellant is in custody since 15.05.2023. It is further submitted that appeal is of the year 2022 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentence of the appellants may be suspended.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case and the fact that appeal is of the year 2022 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellants are held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.13557/2023 stands allowed and it is directed that the jail sentence of appellant-Dinesh Chouksey shall remained suspended and he be released on bail upon their 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 subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 24.01.2024 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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