Parmanand vs The State Of Madhya Pradesh
2023 Latest Caselaw 779 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 402 of 2023 (PARMANAND Vs THE STATE OF MADHYA PRADESH)

Dated : 12-01-2023 Shri Mahesh Goyal, learned counsel for the appellant.

Shri Pramod Pachori, learned Public Prosecutor for the State. Heard on I.A.No.393/2023, application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant.

This criminal appeal has been filed against the judgment dated 12.12.2022 passed in Sessions Case no. 01/2022 by Sessions Judge/ Special Judge Bhind

District Bhind (M.P.) whereby appellant has been convicted under Section 27(b)ii of Drug and Cosmetic Act and sentenced to undergo for RI three years with fine amount of Rs.1,00,000/- and Section 28 of Drug and Cosmetic Act and sentenced to undergo for Six months of RI with fine amount of Rs. 20,000/- with default stipulation.

It is submitted by counsel for the appellant that the appellant was on bail during trial and he did not misuse the liberty granted to him. Fine amount has already been deposited by the appellant. Appeal is of the year 2022 which may take long time for its 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.393/2023 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.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for their 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 them shall remain suspended till further orders and he shall be released on bail.

Application I.A.No.393/2023 is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Vijay

YOGENDR A OJHA 2023.01.13 12:44:27

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