Madhya Pradesh High Court
Ghasiram vs The State Of Madhya Pradesh on 19 October, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4268 of 2021
(GHASIRAM Vs THE STATE OF MADHYA PRADESH)
Dated : 19-10-2023
Shri Sanjay Singh - Advocate for the appellant.
Shri Rajesh Shukla - Additional Advocate General, for the
respondent/State.
Heard o n I.A.No.15821/2023, first application under section 389(1)
Cr.P.C., seeking suspension of sentence and grant of bail filed on behalf of the
appellant.
Appellant has been convicted under Section 8(c) r/w Section 20-B, (ii)
(C) of NDPS Act and sentenced to suffer 20 years' RI with fine of
Rs.1,00,000/- with default stipulation vide judgment 10/06/2021 passed in
Special Case (NDPS) No.31/2017 by the Special Judge, NDPS Act, Vidisha.
As per prosecution story, 139 kg ganja has been recovered from the
possession of the appellant. Accordingly, case has been registered against the
accused persons. After investigation, the case has been committed to the Court of
trial. The trial Judge after carefully examining the evidence has convicted the appellant
as referred above.
Learned counsel for the appellant submits that appellant is innocent and
has been falsely implicated in the case. Out of total 20 years, appellant has
suffered 06 years' jail incarceration. Fine amount has already been deposited.
The appeal is of the year 2021, hence, final disposal of the appeal is likely to
take time. Under such circumstances,learned counsel prays that execution of the
jail sentence of the appellant may be suspended and he may be enlarged on bail.
Per contra, learned Public Prosecutor opposes the application and
prayed for its rejection.
Upon perusal of the submissions advanced by learned counsel for the
parties and looking to the fact that appellant has suffered 6 years jail
incarceration and fine amount has been deposited, but without commenting
upon the merits o f the case, this Court is of the view that the application
deserves to be and is hereby allowed. It is directed that execution of jail
sentence of the appellant 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.2,00,000/- (Rupees Two Lakhs Only) with one solvent surety in the
like amount to the satisfaction of the Trial Court and subject to deposit of the
fine amount (if not already deposited).
Appellant is directed to appear before the Registry of this Court, first, on
18.12.2023 and on other subsequent dates as may be fixed in this behalf.
Accordingly, the said IA No. 15821/2023 stands allowed and disposed
of.
Observations on facts, if any, are only for the purpose of deciding the
instant applications and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
yog
YOGESH
VERMA
2023.10.20
12:40:51
+05'30'
