Pushpendra Lodhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 7591 MP

                                                        1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                                CRA No. 5934 of 2023
                                     (PUSHPENDRA LODHI Vs THE STATE OF MADHYA PRADESH)

               Dated : 09-05-2023
                           Shri Arun Pateria, learned counsel for the appellant.

                           Shri G.S.Chauhan, learned Public Prosecutor for the respondent/State.

Heard on IA.No.7745/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant.

Vid e judgment dated 11.4.2023 passed in Special S.T.No.3/2018 by

learned Special Judge, Shivpuri appellant has been convicted under Section 8(c) read with Section 20(b)(2)(b) of the NDPS Act and sentenced to undergo 4 years RI with fine of Rs.5,000/-.

It is submitted by learned counsel for the appellant that allegation against the appellant is that 5 Kg of cannabis has been seized from his possession. During trial, he was on bail, but he did not misuse the liberty so granted. It is further submitted that co-accused Kishan Soni has been granted suspension of sentence by this Court vide order dated 28.4.2023 passed in Criminal Appeal No.5446/2023 and the case of appellant is identical to that of co-accused.

Appellant has a good case on merits. Final hearing of the appeal will take time. Therefore, prayer for suspension of sentence has been made.

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

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.7745/2023 is allowed and it is Signature Not Verified directed that jail sentence of the appellant will remain under suspension subject Signed by: MADHU SOODAN PRASAD Signing time: 09-05-2023 06:20:36 PM 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 his appearance before the Principal Registrar of this Court on 4th December, 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

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 09-05-2023 06:20:36 PM