Sanjay Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7456 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     CRA No. 1891 of 2018
                                             (SANJAY SINGH Vs THE STATE OF MADHYA PRADESH)

                         Dated : 08-05-2023
                               Shri Madan Mohan Shrivastava, learned counsel for appellant.

                               Smt. Padmshri Agrawal, learned counsel for respondent- State.

Heard on I.A.No.2563 of 2023 which is the first application u/S 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant Sanjay Singh.

Vide judgment dated 31-01-2018 passed by Special Judge (NDPS Act),

Shivpuri in Special Sessions Trial No. 01 of 2014, the appellant has been convicted under Section 8-C in default Section 15-C of NDPS Act and sentenced to undergo ten years RI with fine of Rs.1 lac.

Allegation against the present appellant is that from his possession 4432 kilograms of puppy-straw was seized for which he could not justify the same. Crime was registered and after completion of investigation charge sheet was filed before the competent Court and after conclusion of trial, the trial Court convicted the appellant and sentenced for the aforesaid offence as mentioned above.

It is submitted by counsel for the appellant that the appellant as already served near about nine years three months jail incarceration. The appellant is in jail and the present jail appeal will take some time for its disposal. Hence, prayed for suspension of jail sentence and grant of bail.

Learned Counsel for the State opposed suspension application and prayed for its rejection.

Considering the aforesaid facts and circumstances of the case, but Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/9/2023 10:32:04 AM

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 a 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 appearance before the Principal Registrar of this Court on 20th November, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/9/2023 10:32:04 AM