Brajendra Singh Rajput vs The State Of Madhya Pradesh
2023 Latest Caselaw 10665 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 8394 of 2023 (BRAJENDRA SINGH RAJPUT Vs THE STATE OF MADHYA PRADESH)

Dated : 11-07-2023 Shri Anshu Gupta, learned counsel for the appellant.

Shri Sushant Tiwari, learned Public Prosecutor for the State] Heard on I.A.No.11927/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of sole appellant - Brajendra Singh Rajput.

Vide judgment dated 15.06.2023 passed in Case No.33/2018 by Special

Judge (N.D.P.S Act) Dist. Vidisha, appellant has been convicted under Section 8 r/w Section 20(ii)(B) and sentenced to undergo 5 years' RI with fine of Rs.25,000/-, 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, appellant has suffered 76 days of jail incarceration out of his total jail sentence and from the date of judgment till today he is in custody. Final hearing of the appeal will take time and he has a good case on merits. Therefore, prayer for suspension of sentence has been made.

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

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.11927/2023 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 Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/12/2023 10:09:46 AM

solvent surety of the like amount to the satisfaction of concerned Trial Court for

his appearance before the Principal Registrar of this Court on 21 st December, 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

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/12/2023 10:09:46 AM