Praveen Kumar Jodhle vs The State Of Madhya Pradesh
2023 Latest Caselaw 16934 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 8606 of 2023
                                          (PRAVEEN KUMAR JODHLE Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-10-2023
                                 Mr. Rajmani Bansal, Advocate for the appellant.

                                 Mr. P.P.S. Bazeeta, Dy. P.P. for the respondent - State.

Admit.

Heard on I.A. No. 17909 of 2023, which is an application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant. First application for suspension of jail sentence was dismissed as

withdrawn by order dated 10.7.2023.

This Criminal Appeal assails the judgment dated 23.6.2023 passed by Special Judge (ND.P.S.), Morena, District Morena (M.P.) in Case No. 11/2021 NDPS, whereby appellant has been convicted and sentenced under Section 20 (B) (2-c) of NDPS Act to undergo rigorous imprisonment of 10 years with 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. Learned trial Court has ignored to consider the evidence of PW-2 which shows that mandatory provisions of Section 52-A of NDPS Act has not been followed. In this regard, he cited the case law of Simarnjit Singh vs. State of Punjab; Criminal Appeal No.1443 OF 2023 (Arising out of S.L.P.(Crl.) No. 1958 of 2023). Further argument is that appellant has already served almost two years of incarceration out of total jail sentence of ten years. This appeal is likely to take long time to conclude. Hence, prayer is made Signature Not Verified Signed by: ALOK KUMAR Signing time: 10/11/2023 03:15:09 AM

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. 17909 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 Lakh only) with one solvent surety 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

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 10/11/2023 03:15:09 AM