Yogendra @ Joginder vs The State Of Madhya Pradesh
2023 Latest Caselaw 9236 MP

                                                       1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                               CRA No. 6857 of 2023
                                   (YOGENDRA @ JOGINDER Vs THE STATE OF MADHYA PRADESH)

               Dated : 20-06-2023
                           Shri Gagan Sharma, learned counsel for the appellant.

                           Shri    P.S.Raghuwanshi,        learned   Public   Prosecutor   for   the
               respondent/State.

Heard on IA.No.9218/2023, first application u/Sec. 389 of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Yogendra

@ Joginder.

Vide judgment dated 3.5.2023 passed in SC NDPS 6/2018 by Special Judge, Guna, appellant has been convicted under Section 8/20 of the NDPS Act for possession of 3 Kg of cannabis and sentenced to undergo 3 years RI with fine of Rs.5,000/-.

I t is submitted by learned counsel for the appellant that during trial appellant was on bail, but he did not misuse the liberty so granted. During trial, he remained in custody for 74 days and thereafter from the date of judgment i.e. 3.5.2023 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.9218/2023 is allowed and it is Signature Not Verified directed that jail sentence of appellant Yogendra @ Joginder will remain under Signed by: MADHU SOODAN PRASAD Signing time: 21-06-2023 10:41:00 AM suspension 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 21st 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: 21-06-2023 10:41:00 AM