Gangaram vs The State Of Madhya Pradesh
2023 Latest Caselaw 18651 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                         CRA No. 9891 of 2023
                                                (GANGARAM Vs THE STATE OF MADHYA PRADESH)

                           Dated : 06-11-2023
                                   Shri Ratan Kumar Verma- learned Counsel for appellant.

                                   Shri Kuldeep Singh- learned Public Prosecutor for respondent- State.

Heard on IA No.15282 of 2023, first application under Section 389(1) Cr.P.C. moved on behalf of the appellant- Gangaram seeking suspension of sentence and grant of bail.

Appellant stands convicted under Section 8 read with Section 20 of

NDPS Act and sentenced to undergo five years RI with fine of Rs.25,000/- with default stipulation vide judgment of conviction and sentence dated 30-06-2023 passed by Special Judge (NDPS Act), Guna in Special Case (NDPS) No.03 of 2018.

Learned Counsel for appellant submits that the impugned judgment passed by Trial Court is based on assumption, conjecture and surmises. The learned Trial Court has committed an error in convicting and sentencing the present appellant without appreciating the prosecution evidence properly. There are material contractions and omissions in the evidence of witnesses. Learned

Counsel submits that around 200 days of jail incarceration has been suffered by appellant till now. The appellant was on bail during trial and he did not misuse the liberty so granted to him. Fine amount has already been deposited by the appellant.

Learned Counsel for the appellant further submits the appellant is of advance age and is not well.

Health & Medical Status report of appellant was called by this Court vide Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 07-11-2023 10:12:50 PM

order dated 16-10-2023. The same has been received from Central Jail, Gwalior according to which appellant is suffering from tuberculosis and he is under treatment. Appellant is aged around 75 years. He is old, sick and infirm person. No previous criminal antecedent is reported against him. On these grounds, learned Counsel for the appellant prays that the execution of remaining jail sentence of appellant may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent- State opposes the application and prays for its rejection.

Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that

application deserves to be allowed. It is, accordingly directed that execution of remaining jail sentence of appellant shall remain suspended during pendency of this appeal and they shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 22-12-2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, IA No.15282 of 2023 stands allowed and disposed of. Record of the trial Court has already been received and this appeal has already been admitted for final hearing vide order dated 03-08-2023.

List the matter for final hearing in due course. Certified copy as per rules

(SANJEEV S KALGAONKAR) JUDGE

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 07-11-2023 10:12:50 PM

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 07-11-2023 10:12:50 PM