Suresh Kushwah vs The State Of Madhya Pradesh
2023 Latest Caselaw 8412 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 1549 of 2023
                                              (SURESH KUSHWAH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 12-06-2023
                                  Mr. Rajeev Kumar Shrivastava - Advocate for appellant.

                                  Mr. Rajeev Upadhyay - Public Prosecutor for respondent/State.

Heard on I.A. No.1994 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 19.12.2022 passed in S S T No.10/2017 by Special Judge, (NDPS Act), District Shivpuri, (M.P.)

whereby, appellant stood convicted under Section 8(c), 20(b)(II)(b) of NDPS Act and sentenced to undergo rigorous imprisonment of four years with fine of Rs.5,000/- with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. He further submits that fine amount has already been deposited. It is further submitted that appellant has already suffered six months of incarceration out of total jail sentence of four years. There are lots of contradictions and omissions in the evidence of the prosecution witnesses. Disposal of appeal shall take

considerable time, therefore, he prays for suspension of sentence and grant of bail to the appellant.

P e r contra, learned Public Prosecutor for the respondent/State vehemently opposed the prayer and submitted that the prosecution has proved its case beyond doubt. Hence, prayed to reject the application.

Heard learned counsel for the parties and perused the materials available on record.

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 6/13/2023 10:17:30 AM

Keeping in view, the facts and circumstances of the case, without expressing any opinion on merits of the case, I.A. No. 1994 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail.

The appellant is further directed to mark his appearance before the Office of this Court o n 21/08/2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

Application ( I.A.No. 1994 of 2023) stands disposed of. Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 6/13/2023 10:17:30 AM