Vikas Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 9717 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 1699 of 2022
                                             (VIKAS SHARMA Vs THE STATE OF MADHYA PRADESH)

                         Dated : 27-06-2023
                               Shri Rishiraj Trivedi - Advocate for the appellant.

                               Shri Vinod Thakur - Govt. Advocate for the respondent/State.

Heard on I.A.No.14938/2022, which is repeat second application for suspension of sentence and grant of bail filed under Section 389 of the Cr.P.C. on behalf of appellant - Vikas Sharma.

First application of the appellant was dismissed as withdrawn vide order dated 13.07.2022.

T he trial Court has convicted the appellant under Section 8/15 of the N.D.P.S. Act and sentenced to undergo 10 years R.I. with fine of Rs.1,50,000/- with default stipulation, vide judgment of conviction and order of sentence dated 23.10.2021 passed by Additional Special Judge, N.D.P.S. Act, Bhanpura, District Mandsaur in C.I.S. No. S.C. NDPS No.01/2018.

As per prosecution case, on 13.07.2017, Police has recovered 2 quintal 96 kg contraband substance (poppy straw).

Learned counsel for the appellant submits that the appellant has not committed any offence and he has falsely been implicated in the case. It is submitted that the present appellant is in custody since 13.07.2017 and has completed 05 years and 11 months i.e., more than 50% of sentence. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

Learned Govt. Advocate for the respondent/State has opposed the Signature Not Verified Signed by: SHRUTI JHA Signing time: 27-06-

2023 19:25:19

prayer of the appellant and prays for its rejection.

I have heard learned counsel for both the parties and perused the record. Considering the facts and circumstances of the case and also considering the fact that appellant has served more than 50% of the jail sentence coupled with the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A. No.14938/2022 is allowed and the jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, appellant - Vikas Sharma shall be released on bail, on furnishing

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 08.08.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List in due course.

C.C. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

Shruti

Signature Not Verified Signed by: SHRUTI JHA Signing time: 27-06-

2023 19:25:19