Aman Parihar vs The State Of Madhya Pradesh
2023 Latest Caselaw 18950 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 7598 of 2023 (AMAN PARIHAR Vs THE STATE OF MADHYA PRADESH)

Dated : 08-11-2023 Shri D.R. Sharma, learned counsel for the appellant.

Shri Rajendra Singh Yadav -P.P.- appearing on behalf of Advocate General.

Admit.

Heard on I.A. No. 14221 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by

sole appellant namely Aman Parihar.

This Criminal Appeal assails the judgment dated 18.05.2023 passed by Special Judge (NDPS Act), Dist. Datia (M.P.) in S.S.T No. 05/2018, whereby, appellant has been convicted and sentenced under Section 20(b)(ii) (c) of NDPS Act to undergo maximum rigorous imprisonment of Ten years with maximum fine of Rs. 1,00,000/-, with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available on record. There are material contradictions and omissions in the statement of the

prosecution witnesses. It is further argued that evidence of PW-15 Jitendra Singh Sikarwar reveals that mandatory provisions of NDPS Act have not been followed. It is further submitted that appellant was neither driver nor owner of the confiscated vehicle. On the contrary, he has just taken lift and was sitting in the said vehicle and got involved in the case. Independent witnesses have not supported the case of the prosecution. The appellant has suffered incarceration of one year and one month out of total awarded sentence of ten years of Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 09-11-2023 10:57:24 AM

incarceration. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 14221 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs. 2,00,000/- (Rupees Two lakhs only) with

two solvent sureties of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court on 20.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 09-11-2023 10:57:24 AM