Tikaram vs The State Of Madhya Pradesh
2023 Latest Caselaw 3565 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 10464 of 2022 (TIKARAM Vs THE STATE OF MADHYA PRADESH)

Dated : 28-02-2023 Shri Ashutosh Joshi - Advocate for the appellant.

Shri P.K. Chourasiya - PL for the State.

Heard on admission.

Admit.

Heard on I.A.No.21436/2022, which is an application filed on behalf of

the appellant for suspension of sentence and grant of bail.

T h e appellant has been convicted by the trial Court under Section 8/20(kha) (Aa) of the NDPS Act and sentenced to undergo R.I. for 4 years with fine of Rs.5000/- with default stipulation.

Learned counsel for the appellant has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offences. As per the case of the prosecution, about 1.930 Kgs. of Ganja has been seized from the joint possession of the appellant and co-accused. Maximum sentence

awarded to the appellant is 4 years. Appellant remained in custody from 27.8.2019 to 13.9.2019 and thereafter from the date of judgment. There is a bleak possibility of disposal of this appeal in near future, therefore, the custodial sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the application. Looking to the quantity seized from the joint possession of appellant and Signature Not Verified SAN

co-accused and period of sentence awarded to the appellant, I find it to be a fit Digitally signed by PRADYUMNA BARVE Date: 2023.03.01 12:21:29 IST

case to suspend the custodial sentence of the appellant and to release him on

bail, therefore, without commenting on the merit of the case, the application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant Tikaram shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 4.8.2023 and on such other dates as may be fixed in this regard during pendency of this appeal, without fail.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

PB

Signature Not Verified SAN

Digitally signed by PRADYUMNA BARVE Date: 2023.03.01 12:21:29 IST