Seeta vs Central Narcotics Burau
2023 Latest Caselaw 7239 MP

                                        1

      IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                               CRA-5456-2023
              (SEETA Vs . STATE OF MADHYA PRADESH)

DATED:- 03-05-2023

       Shri Pradeep Sharma- Advocate for the appellant.
       Shri Praveen Kumar Newaskar- Deputy Solicitor General of India for
the respondent/CNB.

Heard on the question of admission.

Appeal seems to be arguable, hence, it is admitted for final hearing.

Learned Panel Lawyer for the respondent/State accepts notice on

behalf of the respondent/State.

Let record of the trial Court be called for.

Also heard on I.A. No.7133/2023, an application under Section 389

(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of

the sole appellant - Sita.

This appeal has been preferred against the judgment dated 06/04/2023

passed by Special Judge (NDPS Act), District- Gwalior (M.P.) in Special

Case No.SC NDPS 23/2019, whereby the appellant has been convicted and

sentenced as under:-

          Sections                 Sentence         Fine (Rs.)     Default
                                                                 Stipulation
8(C) read with 20(B)(2)(B)        3 Years RI         5,000/-     3 Months RI
       of NDPS Act

Allegation against the appellant, in short, is that on 23/04/2019, on the

information given by the informer, the police reached the spot and seized 4.5

Kg of Ganja from the possession of the appellant. On the basis of aforesaid,

crime has been registered against the appellant.

Learned counsel for the appellant submits that appellant is a lady aged

about 40 years and she has been falsely implicated in this case. The appellant

has been wrongly convicted by the learned trial Court. The appellant was on

bail during trial and she has not misused the liberty granted to her. Appellant

is in custody from the date of passing of the judgment. The appellant is the

permanent resident of Uttrakhand and there are fair chances of success of this

appeal and the appeal may take long time for its conclusion and the appellant

cannot be kept in custody for an unlimited period. Under these circumstances,

the execution of sentence be suspended and the appellant be released on bail.

On the other hand, learned Public Prosecutor appearing on behalf of

the respondent/State opposed the application and prayed for rejection of this

application.

Keeping in view of the aforesaid submissions of learned counsel for

the parties and the fact that an early hearing of this case is not possible, I.A.

No.7133/2023 is allowed.

It is, therefore, directed that if appellant deposits the entire fine

amount, if not already deposited, and furnishes a personal bond in the sum of

Rs.25,000/-(Rupees Twenty Five Thousand Only) to the satisfaction of trial

Court for her appearance before the Registry of this Court on 20th of October,

2023 and on such subsequent dates as may be fixed in this regard, sentence of

imprisonment awarded to her, shall remain suspended till further orders and

she shall be released on bail.

IA No.7133/2023 stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for necessary

compliance.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

rahul RAHUL SINGH Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee4

PARIHAR 73fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159 B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.05.04 17:44:01 +05'30'