Subodh Singh Tomar vs The State Of Madhya Pradesh
2023 Latest Caselaw 8405 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                        CRA No. 4716 of 2023
                                            (SUBODH SINGH TOMAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 12-06-2023
                                  Shri Avadhesh Parashar- learned counsel for the appellant.

                                  Shri Girdhari Singh Chauhan- learned counsel for the respondent- State.

Heard on admission.

Record of the trial Court has been received. Appeal appears to be arguable, is admitted for final hearing. Also geard on IA.No.6026 of 2023 which is the first application u/Sec.

389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant Subodh Singh Tomar.

Vide judgment dated 27th February, 2022 passed by Special Judge (NDPS Act), Bhind in NDPS Case No.18 of 2018, the appellant has been convicted under Section 8 read with Section 21(kha) of NDPS Act and sentenced to undergo four years with a fine of Rs.10,000/- with default stipulation.

Allegation against the present appellant is that from his possession 15 grams of smack amounting to Rs.30,000/- was seized for which he could not

justify the same.

It is submitted by learned counsel for the appellant that during trial, the appellant remained in custody for 54 days and from the date of passing of impugned judgment, the appellant is in custody. Fine amount has already been deposited by the appellant. The learned trial Court has committed an error in convicting and sentencing the appellant for the alleged offence. There is non- compliance of provisions of Sections 42, 50, 57 of NDPS Act. Appellant has a Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 13-06-2023 10:36:59 AM

good case on merits. Hearing of the appeal will take some time. 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 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 a personal 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 4th September, 2023 and on such further dates as may be fixed by the office in this regard till final disposal of the appeal.

List for final hearing in due course.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 13-06-2023 10:36:59 AM