Pramod Jatav vs The State Of Madhya Pradesh
2023 Latest Caselaw 7789 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                             CRA No. 5935 of 2023
                    (PRAMOD JATAV Vs THE STATE OF MADHYA PRADESH)

Dated : 11-05-2023
       Shri Brajesh Kumar Sharma, learned counsel for the appellant.

       Shri    Sushant    Tiwari,       learned   Public    Prosecutor   for   the
respondent/State.

Heard on IA.No.8436/23, 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 11.04.2023 passed in Special S.T.No.3/2018 by learned Special Judge (NDPS Act) Shivpuri, appellant has been convicted under Section 8(C) read with Section 20(b)(2)(B) of N.D.P.S. Act and sentenced to undergo 4 years RI with fine of Rs.5,000 with default stipulation.

I t is submitted by learned counsel for the appellant that during trial appellant was on bail, but he did not misuse the liberty so granted. Co-accused Upendra @ Ichhu who has been tried separately has been granted suspension of sentence vide order dated 26.04.2023 passed in Criminal Appeal 5398/2023. 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.8436/23, is allowed and it is directed that jail sentence of the appellant will remain under suspension subject 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 22nd 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

mani

SUBASR Digitally signed by SUBASRI MANI 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=4b80d075e6ee8e3334ea900daffef9485239056 2efcaf7cdb4d94b8fc0be1414,

I MANI pseudonym=E7C0C70D17E5C27BC949540C564953CAC 4239A94, serialNumber=CA216CA75EF9E38C3785C8BBE6486F70 03C0B639E6EA08F81ACF600889A329F3, cn=SUBASRI MANI Date: 2023.05.12 11:35:25 -07'00'