Bhoora vs The State Of Madhya Pradesh
2023 Latest Caselaw 17267 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 10382 of 2023
                                                 (BHOORA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 16-10-2023
                                  Shri R. C. Bhargav- Advocate for appellant.

                                  Shri Prabhakar Kushwah- Panel Lawyer for respondent- State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Heard on IA No.15082 of 2023, first application under Section 389 Cr.P.C. moved on behalf of appellant seeking suspension of sentence and grant

of bail.

Appellant- Bhoora stands convicted under Section 8 read with Section 20(ii)(b) of NDPS Act and sentenced to undergo two years RI with fine of Rs.2,000/- with default stipulation vide judgment of conviction and sentence dated 24-07-2023 passed by Special Judge (NDPS Act, 1985), Vidisha (M.P) in Special NDPS Case No.26 of 2019.

Learned Counsel for the appellant submits that learned Trial Court has committed an error in convicting and sentencing the present appellant without appreciating the prosecution evidence properly. Learned Counsel further

submits that 1 kilogram 300 grams of wet ganja was alleged to be recovered from the possession of appellant. None of independent witnesses has supported the Investigating Officer. Further, the sample was drawn in contravention of Section 57 of the NDPS Act. Learned Counsel further contends that appellant has already undergone jail custody of about four months. Fine amount has already been deposited by appellant. The appeal is the year 2023 and there is no likelihood of hearing of appeal in near future. On Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 17-10-2023 10:44:56 PM

these grounds, he prays that execution of remaining jail sentence of appellant may be suspended and the appellant may be enlarged on bail.

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 execution of remaining jail sentence of appellant- Bhoora shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only)

each with one solvent surety each in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 05.12.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. 15082 of 2023 stands allowed and disposed of. List the matter 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: 17-10-2023 10:44:56 PM