Satendra @ Sanju vs The State Of Madhya Pradesh
2023 Latest Caselaw 18958 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                       CRA No. 13888 of 2023
                                             (SATENDRA @ SANJU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 08-11-2023
                                 Shri Satyendra Singh Rajput- Advocate for appellant.

                                 Shri Purushottam Tanwar- Panel Lawyer for respondent- State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Also heard on IA No.20339 of 2023, first application under Section 389(1) Cr. P.C. moved on behalf of appellant - Satendra alias Sanju seeking

suspension of sentence and grant of bail.

Appellant stood convicted under Section 8 read with Section 20 of the NDPS Act and sentenced to undergo one year RI with fine of Rs.2,000/- with default stipulation, vide judgment of conviction and order of sentence dated 26th of October, 2023 passed by Special Judge (NDPS Act), Guna in Special Case (NDPS) No. 07 of 2019.

Learned Counsel for appellant, in addition to the grounds mentioned in the application, submits the impugned judgment passed by learned trial Court is based on assumption, conjectures 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 contradictions and omissions in the evidence of witnesses. Learned Counsel for the appellant further submits that the appellant has already undergone approximately two months of jail custody. Independent witnesses did not support the prosecution. The Investigating Officer has failed to comply with mandatory provisions of Section 50 of the NDPS Act. It is further submitted Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 09-11-2023 07:13:19 AM

that 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. There is no likelihood of early hearing of the appeal in the near future. On these premised submissions, learned counsel prays that the execution of remaining jail sentence of appellant may be suspended and he may be enlarged on bail during pendency of the instant appeal.

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 the 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 for his appearance before the Registry of this Court first on 22.12.2023 and on further dates as may be fixed by the Registry in this regard till final disposal of the instant appeal.

Accordingly, aforesaid IA stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 09-11-2023 07:13:19 AM