Madhya Pradesh High Court
Ajay Chawala vs The State Of Madhya Pradesh on 13 June, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1583 of 2022
(AJAY CHAWALA Vs THE STATE OF MADHYA PRADESH)
Dated : 13-06-2023
Shri Deependra Singh Raghuwanshi, learned counsel for the appellant.
Shri VPS Tomar, learned counsel for the respondent- State.
Heard on I.A.7452 of 2023, second application under Section 389(1) of
CrPC filed on behalf of appellant for suspension of jail sentence and grant of
bail.
Vide judgment dated 23-11-2021 passed by Special Judge (NDPS Act),
Ashok Nagar in Special Sessions Case No. 10 of 2023 (NDPS), the appellant
has been convicted under Section 8(C) read with Section 22(B) of NDPS Act
and sentenced to undergo 10 years RI with fine of Rs. 20,000/- with default
stipulation.
Allegation against the present appellant is that from his possession 160
grams of smack was seized for which he could not justify the same.
It is submitted by counsel for the appellant that the learned trial Court
has committed an error in convicting and sentencing the appellant for the alleged
offence. There is material contradiction and omission in the evidence of
prosecution witnesses. During trial, the appellant remained in custody for a
period of 147 days and from the date of judgment, he is in custody. Till date
about 18 months he has already served the jail sentence. Fine amount has
already been deposited by the appellant. The disposal of appeal is likely to take
some time. Hence, prayed for suspension of jail sentence and grant of bail.
O n the contrary, learned counsel for the State opposed the application
and prayed for its rejection.
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 6/14/2023
3:55:19 PM
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, but without
expressing any opinion on the merits of the case, IA is allowed. It is therefore,
directed that if appellant deposits the entire fine amount, if not already
deposited, and furnish a personal bond in the sum o f Rs.25,000/- (Rupees
Twenty Five Thousand Only) along with one solvent surety in the like amount
to the satisfaction of concerned Trial Court for appearance before the Principal
Registrar of this Court on 16th October, 2023 and on such further dates as
may be fixed by the office in this regard, sentence of imprisonment awarded to
him shall remain suspended till further orders and he shall be released on bail.
IA is allowed and disposed of.
C.c. as per rules.
(DEEPAK KUMAR AGARWAL)
JUDGE
MKB
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 6/14/2023
3:55:19 PM
