Sonu Kushwah vs The State Of Madhya Pradesh
2023 Latest Caselaw 87 MP

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                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                               CRA No. 8706 of 2022
                                      (SONU KUSHWAH Vs THE STATE OF MADHYA PRADESH)

               Dated : 02-01-2023
                           Shri A.S.Jadon, learned counsel for the appellant.

                           Ms. Abha Mishra, learned Public Prosecutor for the respondent/State.

Heard on IA.No.19150/2022, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Sonu Kushwah.

I n brief prosecution case is that on 9.3.2017 from the possession of present appellant 4 Kg 155 gms cannabis (Ganja) has been seized, of which he could not justify the possession. He was arrested. Offence was registered. After completion of investigation, charge-sheet has been submitted. After trial, appellant has been convicted under Section 8 read with Section 20(b) of the NDPS Act and sentenced to 4 years RI with fine of Rs.5,000/- with default stipulation.

I t is submitted by learned counsel for the appellant that during trial appellant was on bail, but he did not misuse the liberty so granted. During trial,

he was in custody for 55 days and thereafter from the date of judgment i.e. 24.8.2022 he is in custody. Final hearing of the appeal will take time and appellant has a good case on merit. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its rejection.

Signature Not Verified Signed by: MADHU SOODAN PRASAD Considering the facts and circumstances of the case, but without Signing time: 03-01-2023 10:00:30 AM commenting upon merits of the case, IA.No.19150/2022 is allowed and it is

directed that jail sentence of appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond 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 his appearance before the Principal Registrar of this Court on 24th April, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 03-01-2023 10:00:30 AM