Mahendra Sonkar vs The State Of Madhya Pradesh
2023 Latest Caselaw 21423 MP

Madhya Pradesh High Court

Mahendra Sonkar vs The State Of Madhya Pradesh on 14 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                               1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                      CRA No. 11624 of 2023
                                      (MAHENDRA SONKAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-12-2023
                                 Shri R.K. Dubey- Advocate for appellants.

                                 Shri Manoj Kushwaha - Panel Lawyer for respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.21858/2023, this is the first application for

suspension of sentence and grant of bail filed under Section 397 of Cr.P.C. on behalf of appellants - Mahendra Sonkar and Govind @ Golu Sonkar.

T he appellants have been convicted vide judgment dated 18/07/2023 passed by Special Judge (NDPS) Act, Jabalpur in SC NDPS No. 87/2012 and appellants have been found guilty for commission of offence punishable under Section 8/21(B) of NDPS Act, 1985 and sentenced to undergo RI for 4 years and to pay fine of Rs.10,000/- for each offence respectively with usual default stipulations.

Learned counsel for the appellants submits that the trial Court has not

properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellants for aforesaid offence. 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 appellants may turn infructuous. Under these circumstances, learned counsel for appellants prays for suspension of jail sentence and release of the appellants on bail till the final disposal of the appeal.

O n the other hand, learned Panel Lawyer has opposed the contention

raised by learned counsel for appellants and prays for rejection of said application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant and taccording 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 appellants-Mahendra Sonkar and Govind @ Golu Sonkar shall remain suspended during the pendency of this appeal and they be released on bail subject to depositing entire fine amount, if already not deposited and upon their furnishing personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only)each with two solvent

sureties of Rs.50,000/- each to the satisfaction of the trial Court for their appearance before the trial Court on 05/02/2024 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.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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