Kamlesh Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 16901 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 11659 of 2023
                                             (KAMLESH TIWARI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-10-2023
                                 Shri S.K.Jain - Advocate for the appellant.

                                 Shri Ashok Sinha - Government Advocate for the respondent/State.

Heard on admission.

Appeal seems to be arguable, hence it is admitted for final hearing. Also heard on IA No.21920 of 2023, which is the first application under

Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant. Appellant is in jail.

Appellant stood convicted under Section 8/20 (B) (ii)(B) of NDPS Act and sentenced to suffer R.I. for 2 years with fine of Rs.5000/- and default stipulations vide judgment of conviction and order of sentence dated 25.08.2023 passed by Special Judge (NDPS) Act, Jabalpur District Jabalpur in SC NDPS/35/2019.

Learned counsel for the appellant while seeking suspension of sentence inter alia submitted that the trial Court without appreciating the evidence

wrongly convicted the appellant for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. Appellant is in jail. Appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, application of appellant for suspension of sentence and grant of bail may be considered.

P er contra, learned Government Advocate while opposing the prayer, supported the judgment impugned. He contends that judgment impugned is passed upon proper evaluation of evidence placed on record, so the sentence Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 10/12/2023 10:11:34 AM

of the appellant should not be suspended.

Upon hearing learned counsel for the parties though this Court refrain from commenting upon rival contentions touching merits of the matter and the appeal is of the year 2023 and there is no likelihood early hearing of the appeal in near future, in the obtaining facts and circumstances, present appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.21920 of 2023 stands allowed and it is directed that the jail sentence of appellant-Kamlesh shall remained suspended and he be released on bail on his furnishing a 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 the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 20/12/2023 and on other subsequent dates as may be fixed in this behalf.

Accordingly, I.A.No.21920 of 2023 stands allowed and disposed of. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

sm

Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 10/12/2023 10:11:34 AM