Ravi Shukla vs The State Of Madhya Pradesh
2023 Latest Caselaw 17721 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 5158 of 2023 (RAVI SHUKLA Vs THE STATE OF MADHYA PRADESH)

Dated : 25-10-2023 Shri Manish Datt - Senior Advocate with Shri Rohit Sharma -

Advocate for the appellant.

Shri Dilip Kumar Shrivastava - Govt. Advocate for the State.

Heard on admission.

Appeal seems to be arguable, hence admitted for final hearing.

Heard on I.A. No.8023/2023, which is the first application filed on behalf of the appellant for suspension of sentence and grant of bail.

The appellant has been convicted under Section 21(C) in violation of Section 8(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo R.I. for 10 years with fine of Rs.1,00,000/-, with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on

record and committed error in convicting the appellant for aforesaid offence. The appellant was on bail during trial and he did not misuse the liberty so granted to him. The appeal would take considerable time to conclude. He is read y to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

O n the other hand learned counsel for the State has opposed the contentions raised by the counsel for the appellant and prayed for its rejection. Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 10/26/2023 2:19:36 PM

Heard learned counsel for the parties and perused the record and judgment of the Court below.

Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentence awarded to the appellant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the

satisfaction of the trial Court concerned, the custodial sentence of appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 22.12.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the I.A. stands allowed and disposed of. List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

rv

Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 10/26/2023 2:19:36 PM