Rahul Rathore vs The State Of Madhya Pradesh
2023 Latest Caselaw 8737 MP

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                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT GWALIOR
                                                           CRA No. 6064 of 2023
                                            (RAHUL RATHORE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-06-2023
                                  Mr. Rajendra Singh Yadav - Advocate for the appellants.

                                  Mr. Rajendra Singh Yadav - Public Prosecutor for respondent/ State.

Heard on I.A. No. 9825 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellants.

This Criminal Appeal assails the judgment dated 12.04.2023 passed by

Special Judge, (NDPS) Act, District Vidisha in S.N.D.P.S. Case No.15/2020, whereby appellants have been convicted under Section 8/21 of NDPS Act and sentenced to undergo rigorous imprisonment of 4 years each with fine of Rs.10,000/- each with default stipulation.

Learned counsel for the appellants submits that the trial Court have wrongly convicted the appellants without proper appreciation of facts of the case. He further submits that the appellants have already served incarceration about 2 years 11 months and 2 years respectively out of total jail sentence of four years. Present criminal appeal is likely to take long time to conclude.

Hence, prayed to suspend the jail sentence and grant of bail to the appellants.

Counsel for the State vehemently opposed the application and prayed for its rejection.

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

Considering the arguments rendered by learned counsel for the appellants as well as facts and circumstances of the case, without commenting on merits Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 6/15/2023 10:34:11 AM

of the case, I.A.No. 9825 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) each with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain suspended and they be released on bail. Appellants are further directed to mark their appearance before the Office of this Court on 07.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for

compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 6/15/2023 10:34:11 AM