Guddi Bai vs The State Of Madhya Pradesh
2023 Latest Caselaw 4028 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 3124 of 2023
                                                 (GUDDI BAI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-03-2023
                                   Shri Daya Ram Sharma, learned counsel for the appellant.

                                   Shri BPS Chauhan, learned Public Prosecutor for the respondent-

State.

Heard on IA.No.4631 of 2023 first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant Guddi

Bai.

Vide judgment dated 17-02-2023 passed by Special Judge (NDPS Act), Gwalior in SC NDPS No. 54 of 2019 , the appellant has been convicted under Section 5(ga)/21(kha) of the NDPS Act and sentenced to undergo three years RI with fine of Rs.5,000/- with default stipulation.

Allegation against present appellant is that from her possession 20 grams of smack was seized for which, she could not justify the possession.

It is submitted by learned counsel for the appellant that the appellant is a lady aged around 50 years. The appellant was on bail during trial and she was in

judicial custody for a period of 96 days and from the date of passing of impugned judgment i.e. 17-02-2023 she is in custody. At the most, the appellant has already served near about four months of jail incarceration out of jail sentence awarded by learned trial Court. Fine amount has already been deposited by her. Final hearing of the appeal will take time and she has a good case on merit. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its rejection.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/14/2023 5:52:30 PM

Considering the aforesaid facts and circumstances of the case, but without commenting upon merits of the case, IA is allowed and it is 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 her appearance before the Principal Registrar of this Court on 21st August, 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

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/14/2023 5:52:30 PM