Akash Gupta vs The State Of Madhya Pradesh
2023 Latest Caselaw 21567 MP

Madhya Pradesh High Court

Akash Gupta vs The State Of Madhya Pradesh on 15 December, 2023

Author: Hirdesh

Bench: Hirdesh

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 14615 of 2023
                                               (AKASH GUPTA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 15-12-2023
                                 Shri Neeraj Singh Chouhan - Advocate for the appellant.

                                 Shri Shahrukh Riyaz - P.L. for the respondent/State.

Heard on admission.

Appeal is admitted for hearing.

Also heard on I.A. No. 27426 of 2023, an application under Section

389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Akash Gupta arising out of judgment dated 30.10.2023 delivered in SC NDPS Case No.04/2016 passed by Special Judge, NDPS Act, 1985 District Singrouli, H.Q. Waidhan , MP.

The appellant has been convicted for the offence punishable under Section 8 (b)(ii)(b) of NDPS Act and sentenced to undergo RI for 1.5 years with fine of Rs.5000/-with default stipulation.

Learned counsel for appellant submits that trial court has erred in convicting the appellant and has not appreciated the facts and evidence.

Appellant has been falsely implicated in this case only because there was some previous disputed between the parties. PW-6 who initially investigated the case and conducting the raid his statement itself showing that the present case was one of the case of false implication. Witnesses turned hostile. There are so many omissions and contradictions in the prosecution witnesses. Appellant is in jail since two months and he has no past criminal record. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended.

Learned Panel Lawyer opposed the prayer on the basis of objection. Considering the facts and circumstances of the case and the fact appellant has no past criminal record and bleak chances of final hearing in near future, without expressing any conclusive opinion on the merits of the case, I deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.27426 of 2023, is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant Akash Gupta be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees fifty Thousand only) with one solvent

surety of the like amount to the satisfaction of the trial Court with a further direction to appear before concerned trial Court, on 20th of February, 2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per Rules.

List for final hearing in due course.

(HIRDESH) JUDGE

Akm