Ramdayal vs The State Of Madhya Pradesh
2023 Latest Caselaw 21834 MP

Madhya Pradesh High Court

Ramdayal vs The State Of Madhya Pradesh on 19 December, 2023

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT GWALIOR
                                                       CRA No. 14775 of 2023
                                                 (RAMDAYAL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-12-2023
                                  Mr. Pavan Kumar Vijaywargiya - Advocate for the appellant.

                                  Mr. Prabhakar Kushwah - Public Prosecutor for respondent/State.

Admit.

Heard on I.A. No.22703 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by sole appellant.

This Criminal Appeal assails the judgment dated 09.11.2023 passed by Special Judge (ND.P.S. Act), Sheopur (M.P.) in SC NDPS No.02/2020 whereby, appellant has been convicted and sentenced under Section 20(b)(II) (B) of NDPS Act to undergo rigorous imprisonment of three years with fine of Rs.5,000/-, with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without considering the fact that prosecution has failed to mandatory provision of NDPS Act have been followed. Appellant is illiterate person, however there is no certification that notice under Section 50 of

N.D.P.S Act read over to the appellant. Further argument is that appellant has already served more than six months of incarceration out of total jail sentence of three years. Appellant was on bail during trial and never misused the liberty so granted. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

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

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.22703 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one 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. He is further directed to mark his appearance before the Office of this Court on 22.02.2023 and on subsequent dates given by the Office in

this regard, till final disposal of this appeal.

List the case for final hearing in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)