Anil Kumar Pathak vs The State Of Madhya Pradesh
2023 Latest Caselaw 22559 MP

Madhya Pradesh High Court

Anil Kumar Pathak vs The State Of Madhya Pradesh on 27 December, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                  CRA No. 10584 of 2023
                                            (THROUGH VIDEO CONFERENCING)
                                            (ANIL KUMAR PATHAK Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-12-2023
                                 Shri Manas Dubey - Advocate for the appellant.
                                 Shri Alok Kumar Sharma - Panel Lawyer for respondent/State.

Heard on IA No. 17879/2023, first application for suspension of sentence and grant of bail to appellant.

Appellant - Anil Kumar Pathak has been convicted by the trial Court

under Section 8(x)/20([k)(ii)(b) of NDPS Act and sentenced to undergo R.I. for

2 years with fine of Rs.5,000/- with default stipulation.

It is submitted by counsel for the appellant that appellant had remained in jail as an under trial prisoner for a period of 24 days. Now, he is in custody from the date of judgment, i.e., 08.08.2023, therefore, it is clear that he has already undergone jail sentence of more than five months. Maximum sentence

awarded to the appellant is for two years. The hearing of the appeal is likely

to take some time. As per the case of prosecution, 1.600 Kg of ganja was seized from the possession of the appellant. The appellant undertakes to

appear before the Registry of this Court as and when directed.

Per contra, learned counsel for the State vehemently opposed the application.

Considering the period of custody already undergone by the appellant, coupled with the quantity of contravened seized from the possession of the appellant, IA No. 17879/2023 is hereby allowed. It is directed that the remaining jail sentence of appellant- Anil Kumar Pathak shall remain suspended

and he shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) along with one surety of the like amount of the satisfaction of the trial Court.

Appellant is permanently exempted from appearing before the Registry of this Court, but he shall appear as and when directed.

Certified copy as per rules.

(G.S. AHLUWALIA) V. JUDGE

Avi