Rambharat Meena vs The State Of Madhya Pradesh
2023 Latest Caselaw 21676 MP

Madhya Pradesh High Court

Rambharat Meena vs The State Of Madhya Pradesh on 18 December, 2023

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 14450 of 2023
                                            (RAMBHARAT MEENA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 18-12-2023
                                 Shri Om Praksh Meena - Advocate for the appellant.

                                 Shri    Lokendra      Shrivastava    -    Public    Prosecutor    for   the
                           respondent/State.

Heard on the question of admission.

Being arguable, this appeal is admitted for final hearing.

Heard on I.A.No.21213 of 2023, first application under Section 389(1) of CrPC for suspension of jail sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 08.11.2023 passed in SC NDPS No. 12/2021 by Special Judge (NDPS), Sheopur, District Sheopur (M.P.) whereby, the appellant stood convicted under Section 21 of NDPS Act and sentenced to undergo rigorous imprisonment of three years with fine of Rs.5,000/- , with default stipulation.

Learned counsel for the appellant submits that the impugned judgment passed by learned Trial Court is based on assumption, conjecture and surmises.

The learned Trial Court has committed an error in convicting and sentencing the present appellant without appreciating the prosecution evidence properly. There are material contradictions and omissions in the evidence of witnesses. The appellant was on bail during trial and he did not misuse the liberty so granted to him. There is no likelihood of hearing of appeal in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellant may be suspended and he may be enlarged on bail.

Learned counsel for the respondent/State vehemently opposed the

application and prayed for its rejection.

Heard learned counsel for the parties and perused the material available on record.

Considering the submissions made by learned counsel for the appellant as well as the facts and circumstances of the case, without commenting on merits of the case, I.A.No. 21213 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.70,000/- (Rupees Seventy Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail.

The appellant is further directed to mark his appearance before the Registry of this Court on 30/01/2024 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

List for final hearing in due course.

Certified copy as per rules.

(RAJENDRA KUMAR VANI) JUDGE

Monika