Dhanraj Bairwa vs The State Of Madhya Pradesh
2023 Latest Caselaw 8522 MP

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                                 IN THE HIGH COURT OF MADHYA PRADESH
                                              AT GWALIOR
                                                CRA No. 6942 of 2023
                                      (DHANRAJ BAIRWA Vs THE STATE OF MADHYA PRADESH)

               Dated : 13-06-2023
                           Shri Anshu Gupta, learned counsel for the appellant.

                           Shri Ramadhar Chaubey, learned Public Prosecutor for the
               respondent/State.

Heard on IA.No.9386/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-

Dhanraj.

Vide judgment dated 17th May, 2023 passed in SC NDPS 01/2020 by Special Judge, Sheopur, appellant has been convicted under Section 15(b) of the NDPS Act for possession of 15 Kg. 40 gms poppy straw along with co- accused and sentenced to undergo 3 years RI with fine of Rs.10,000/.

It is submitted by learned counsel for the appellant that during trial he was on bail, but he did not misuse the liberty so granted. During trial, he remained in custody from 17.10.2019 to 28.2.2020 and thereafter from the date of judgment i.e. 17.5.2023 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.9386/2023 is allowed and it is Signature Not Verified directed that jail sentence of appellant Dhanraj will remain under suspension Signed by: MADHU SOODAN PRASAD Signing time: 14-06-2023 10:28:33 AM 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 18th 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

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 14-06-2023 10:28:33 AM