Madhya Pradesh High Court
Atul Lodhi vs The State Of Madhya Pradesh on 8 November, 2023
Author: Rajendra Kumar-Iv
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 14192 of 2023
(ATUL LODHI Vs THE STATE OF MADHYA PRADESH)
Dated : 08-11-2023
Shri Rajendra Singh Yadav - Advocate for accused/appellant.
Shri Nitin Goyal - Panel Lawyer for respondent/State.
Order on appeal.
Heard the learned counsel for the accused/appellant and learned counsel
for the State.
This Criminal Appeal under Section 374 of CrPC is directed against the
order and judgment of conviction and sentence dated 02.11.2023 passed by
Special Judge (NDPS Act), District Vidisha in Criminal Case No.39/2019.
The matter requires thorough consideration.
The appeal is admitted for hearing.
Lower Court Record be summoned within four weeks.
Non-submission of Lower Court Record shall stand violation of order of
this Court.
This appeal is directed to be listed in the month of February, 2024 for
final hearing.
Order on I.A. No. 20857/2023.
Present application under Section 389(1) of the Cr.P.C. for suspension
of sentence and grant of bail on behalf of sole accused/appellant.
The accused/appellant has been convicted under Section 8 read with
Section 20(ii)(b) of NDPS Act and sentenced to suffer R.I. for three years with
fine of Rs.5,000/- with default stipulations, vide judgment dated 02.11.2023
passed by the Special Judge (NDPS Act), District Vidisha delivered in Special
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 08-11-2023
05:38:07 PM
NDPS Case No.39/2019.
Main submissions of learned counsel for the accused/appellant are that
during the pendency of trial, appellant was on bail and he had not misused his
liberty. He has remained in jail for a period of 72 days. Disposal of appeal will
take time and if he is released on bail, he will not misuse the liberty. Learned
counsel prays for suspension of sentence and grant of bail.
Per contra, learned counsel for the State opposed the application for
suspension of sentence and grant of bail.
Considering the facts and circumstances of the case, recovery shown
from the possession of accused/appellant and the manner in which recovery is
made, without commenting any opinion on the merits of the case, the
application is allowed. It is directed that accused/appellant shall be released on
bail on his furnishing a personal bond of Rs.50,000/- (Rupees Fifty
Thousand only) with two sureties each of the like amount to the satisfaction of
the Trial Court concerned with filing an undertaking that he will not misuse the
liberty and will not indulge in any criminal case during the pendency of appeal.
Fine amount imposed by the Trial Court shall be deposited before his release if
it is not already deposited.
Accordingly, I.A. No.20857/2023 stands disposed of.
Certified copy as per rules.
(RAJENDRA KUMAR-IV)
JUDGE
Abhi
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 08-11-2023
05:38:07 PM
