Raju @ Rajkumar Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 4121 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3003 of 2023 (RAJU @ RAJKUMAR KUSHWAHA Vs THE STATE OF MADHYA PRADESH)

Dated : 15-03-2023 Ms.Swati Aseem George- counsel for the appellant.

Shri Ashish Kurmi- Panel Lawyer for the State.

Record of the court below is still awaited. Heard on I.A.No.4627/2023, which is first application for suspension of sentence on behalf of appellant-Raju @ Rajkumar Kushwaha.

By the impugned judgment dated 15.2.2023 passed by the Special Judge (NDPS), Katni in Special Case No.37/2016 the appellant has been convicted for offences under sections 8/20 NDPS Act and sentenced to undergo R.I. for 03 years and fine of Rs.1000/- with default stipulations.

As per prosecution case, 2 Kg. of contraband ('ganja') has been recovered from illegal possession of the appellant.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The appellant is in custody. The trial Court has not properly appreciated the oral and documentary evidence

available on record. The appellant is first offender. The final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of appellant.

Learned Panel Lawyer for the State has opposed the prayer. It is further submitted that appellant has no criminal past.

Considered over all facts and circumstances of the case; period of Signature Not Verified SAN

custody; quantity of contraband; appellant is first offender; sentence awarded is Digitally signed by RAJESH MAMTANI Date: 2023.03.15 19:30:20 IST

03 years; and final disposal of this appeal would take considerable time,

without commenting on merits of the case, the application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant-Raju @ Rajkumar Kushwaha shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 16.8.2023 and on such other dates as may be fixed in this regard during pendency of this appeal, without fail.

It is made clear that appellant would not involve himself in similar kind of

offences, failing which this order shall immediately become ineffective.

I.A.No.4627/2023 is allowed.

List this case for admission after 08 weeks.

SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2023.03.15 19:30:20 IST