Guddi Bai vs Central Bureau Of Narcotics
2023 Latest Caselaw 701 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                            CRA No. 9297 of 2022
                     (GUDDI BAI Vs CENTRAL BUREAU OF NARCOTICS)

Dated : 11-01-2023
       Shri Brajesh Kumar Tyagi, learned counsel for appellant.

       Shri   P.K.Newaska,      learned     Assistant   Solicitor   General     for
respondent/CBI.

Heard on I.A.No.16023/2022, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Guddi

Bai.

This criminal appeal has been filed against the judgment dated 29.09.2022 passed in SC NDPS 11/2017 by Special Judge (NDPS Act) Gwalior M.P. whereby appellant has been convicted and sentenced under Section 8/18(C) of NDPS Act for three years RI with fine of Rs.5000/-, with default stipulation.

It is submitted by counsel for the appellant that the appellant was on bail during trial and she did not misuse the liberty granted to her. Fine amount has already been deposited by the appellant. The appellant is ready to furnish adequate surety and shall abide by all the directions and conditions which may

be imposed by this Court. During trial, appellant remained in custody from 21.03.2017 to 26.10.2017 and thereafter since the date of judgment she is in custody. Appeal is of the year 2022 which may take long time for it's conclusion. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the

parties and the fact that an early hearing of this case is not possible, I.A. No.16023/2022 is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for her appearance before the

Principal Registrar of this Court on 28 th April, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to her shall remain suspended till further orders and she shall be released on bail.

Application (I.A. No.16023/2022) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

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

  Digitally signed by                               (DEEPAK KUMAR AGARWAL)
  YOGENDRA OJHA                                              JUDGE
  Date: 2023.01.12
  10:25:52 +05'30'
ojha