Kartik Gupta vs The State Of Madhya Pradesh
2023 Latest Caselaw 22122 MP

Madhya Pradesh High Court

Kartik Gupta vs The State Of Madhya Pradesh on 21 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 894 of 2021 (KARTIK GUPTA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 21-12-2023 Shri V.P.Singh - Advocate for appellant No.2 and 3.

Shri O.P.Agnihotri - Advocate for appellant No.4. Shri Y. Dwivedi - Panel Lawyer for the State.

Heard on I.A.No.28119/2023 (Appellant No.4-Sahil Choudhary), IA No.29674/2023 (Appellant No.2-Omkeshwar Yadav), and I.A.No.29689/2023

(Appellant No.3-Kuldeep Ahirwar) applications under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellants.

Appellants have been convicted and sentenced as mentioned in the impugned judgment dated 15.01.2021 passed in SC NDPS No.48/2019 by Special Judge (NDPS) District Jabalpur.

It is submitted by the counsel for the appellants that the sentence of the co-accused - Kartik Gupta (appellant No.1) has already been suspended by this Court vide order dated 21.11.2023. Case of the present appellants is at par with

the co-accused. It is further submitted that appeal is of the year 2021 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 coupled with the fact that sentence of appellant No.1 has already been suspended and the fact that appeal is of the year 2021 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.

Ac c o r d ingly, I.A.No.28119/2023, IA No.29674/2023 and I.A.No.29689/2023 stands allowed and it is directed that the jail sentence of above named appellants shall remained suspended and they be released on bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each 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. Appellants are directed to appear before the trial Court first on 02.01.2024 and on other subsequent dates as may be fixed in this behalf. List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

@s