Chhidami Lodhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 18536 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 12822 of 2023
                                              (CHHIDAMI LODHI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-11-2023
                                  Shri Yogesh Kumar Gupta - Advocate for the appellant.

                                  Shri Sudeep Khampariya - Panel Lawyer for the respondent/State.

Order on appeal.

Heard learned counsel for the parties and perused the record and appeal is ripe for hearing.

The appeal is admitted for final hearing. Record of the Court below be called for.

Order on IA No.26165/2023.

Learned counsel for the appellant submits that he does not wish to press the I.A. No.26165/2023.

I.A. No. 26165/20233 is dismissed as not pressed. Order on IA No.24096/2023.

The application filed by the appellant sunder Section 389(1) of the Cr.P.C. for grant of bail of the appellant arising out of judgment dated

26.09.2023 delivered in SC NDPS No. 8/2021 passed by Spcial Judge, (NDPS) Act, Narsinghpur in connection with Crime No.592/2020, registered at Police Station - Gotegaon, District Narsinghpur.

The appellant has been convicted under Section 8 read with Section 20(a)

(i) of NDPS Act and sentenced to undergo R.I. for three years with fine of Rs.5000/- with default stipulations.

Learned counsel for the appellant submits that nothing has been recovered from the possession of appellant and recovery shown from him is Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 03-11-2023 16:26:30

false and concocted. Provision of NDPS Act was not complied with. Evidence adduced from the side of prosecution has not been examined in right perspective and trial Court has wrongly convicted the accused. It is further submitted that accused was on bail during pendency of trial and he is in jail from the date of conviction. During trial, he did not misuse the liberty of bail. Final hearing of this appeal will take time in future. It is further submitted that father of appellant has died and his ritual rites has to be performed by the accused. Thus, it is prayed that the bail of appellant may be granted.

Per Contra the prayer is opposed by learned Panel Lawyer for the State. Considering the facts and circumstances of the case, evidence adduced

evidence adduced from the side of prosecution and recovery of Ganja, I deem it proper to grant the bail to accused/appellant on his furnishing a personal bond for a sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with two sureties of the like amount to the satisfaction of the trial Court concerning, during the pendency of this appeal. The fine amount imposed by trial Court shall be deposited before his release if not already deposited.

Accordingly, I.As. are disposed of.

List the case in the second week of January for final hearing .

(RAJENDRA KUMAR-IV) JUDGE

L.R.

Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 03-11-2023 16:26:30