Pappu vs The State Of Madhya Pradesh Thr
2023 Latest Caselaw 4399 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 1162 of 2016
                                               (PAPPU Vs THE STATE OF MADHYA PRADESH THR)

                          Dated : 20-03-2023
                                Shri Faisal Ali Shah, learned counsel for the appellant.

                                Shri Nitin Goyal, learned counsel for the respondent- State.

Heard on IA No.2260 of 2023, which is the fouth application under Section 389 (1) of CrPC filed on behalf of appellant for suspension of jail sentence and grant of bail. Earlier applications were dismissed as well as withdrawn by coordinate Bench of this Court respectively.

B y the impugned judgment of sentence and order of conviction dated 29th September, 2016 passed by Special Judge (NDPS), Ashok Nagar in Special Sessions Trial No.02 of 2009, the appellant has been convicted under Section 8/20 of NDPS Act and sentenced to undergo ten years RI with fine of Rs. 1 lac with default stipulation.

Allegation against present appellant is that from joint possession of appellant along with other co-accused 10 kilograms of ganja was seized for which the appellant could not justify the same.

It is submitted by learned counsel for the appellant that the appellant has

already served six years and eight months out of jail sentence awarded by learned trial Court. The disposal of appeal will take some time. Hence, prayed for suspension of jail sentence and grant of bail.

Learned counsel for the State opposed the prayer and prayed for rejection of application.

Keeping in view the submissions advanced by the learned counsel for the parties and looking to the facts and circumstances of the case, subject to Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/20/2023 5:58:34 PM

deposit of fine amount (if not deposited by the appellant), it is directed that jail sentence of appellant shall remain suspended subject to his furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety of like amount to the satisfaction of the trial Court for his appearance before Registry of this Court first on 7th August, 2023 and all other subsequent dates as may be fixed in this regard.

I.A. stands allowed and disposed of.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/20/2023 5:58:34 PM