Devendra Raghuvanshi vs The State Of Madhya Pradesh
2023 Latest Caselaw 2426 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             CRA No. 2168 of 2023
               (DEVENDRA RAGHUVANSHI Vs THE STATE OF MADHYA PRADESH)

Dated : 10-02-2023
       Shri V.B. Sharma, learned counsel for the appellant.

       Shri B.M. Shrivastava, learned Public Prosecutor for the State.
       Heard on the question of admission.
       The appeal being arguable is admitted for final hearing.
       Record of the Court below be called for.
       Also heard on I.A.No.2860/2023, an application for suspension of

sentence and grant of bail moved on behalf of the appellant.
       The trial Court has convicted the appellants under Sections 8(C) read
with Section 20(B)(ii)(b) of NDPS Act and sentenced to undergo two years RI
with fine of Rs.2,000/- with default stipulation, vide judgment of conviction and
order of sentence dated 31/01/2023 passed in Special Case No.33/2017 by
Special Judge, NDPS Act, District Vidisha (MP).
       Learned counsel for the appellant submits that appellant has suffered jail
incarceration for 159 days during trial and is in custody from the date of
judgment, i.e., 31.1.2023. Learned trial Court has not appreciated the evidence

available on record in right earnest and has committed error in holding the
appellant guilty for the aforesaid offence. The appeal is of 2023. There is no
likelihood of hearing of appeal in near future. In view of aforesaid, learned
counsel for the appellant prays for suspension of remaining jail sentence and
grant of bail to the appellant.
       Learned counsel for the respondent/State has opposed the prayer.

Having considered the rival submissions and nature of allegations alleged

against the appellants and also considering the fact that there is no likelihood of hearing of this appeal in the near future, hence in the obtaining facts and circumstances of the case but without expressing any opinion on merits of the case, the application is allowed.

It is directed that jail sentence of the appellant shall remain suspended. It is further directed that subject to depositing the fine amount, if already not deposited, appellants shall be released on bail on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) along with separate solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 20/04/2023, and on such other

dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

C.C. as per rules.

(ROHIT ARYA) JUDGE

yog

YOGESH VERMA 2023.02.11 VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00' 15:07:48 +05'30'