Vikas vs The State Of Madhya Pradesh
2023 Latest Caselaw 9488 MP

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                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                               CRA No. 6472 of 2023
                                          (VIKAS Vs THE STATE OF MADHYA PRADESH)

               Dated : 23-06-2023
                           Shri M.S.Rawat, learned counsel for the appellant.

                           Shri Rohit Shrivastava, learned Panel Lawyer for the respondent/State.

Heard on IA.No.8635/2023, 1st application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Vikash.

Vide judgment dated 2.5.2023 passed in Spl.NDPS Case No.26/2018 by

Special Judge, Vidisha, appellant has been convicted under Section 8 read with Section 20(ii)(c) of the NDPS Act for possession of 13 kg cannabis and sentenced to undergo 10 years RI with fine of Rs.1,00,000/-.

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. It is further submitted that 7 packets have been seized from the possession of the appellant. After taking out on a plastic sheet, they were made homogenous and thereafter sample was taken. This is violation of sampling process. During trial, appellant remained in custody for 133 days and thereafter from the date of judgment i.e.

2.5.2023 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 Signature Not Verified commenting upon merits of the case, IA.No.8635/2023 is allowed and it is Signed by: MADHU SOODAN PRASAD Signing time: 26-06-2023 03:01:18 PM directed that jail sentence of appellant will remain under 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: 26-06-2023 03:01:18 PM