Harinarayan @ Narayan Jha vs The State Of Madhya Pradesh
2023 Latest Caselaw 15364 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 10787 of 2023
                                        (HARINARAYAN @ NARAYAN JHA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-09-2023
                                 Mr. S.K. Tiwari - Advocate for the appellant.

                                 Mr. Girraj Soni - Panel Lawyer for respondent/State.

Heard on I.A. No. 15628 of 2023, which is application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed by the appellant.

This Criminal Appeal assails the judgment dated 16.08.2023 passed by

Special Judge (NDPS Act) District Gwalior in SC NDPS 18 of 2022, whereby appellant has been convicted under Section 8 r/w 20(b)(ii)(B) of NDPS Act and has been sentenced to undergo rigorous imprisonment of 2 years with fine of Rs.5,000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly been convicted the appellant without proper appreciation of facts of the case as well as evidence available on record. He has further submitted that Rajeev-PW/2 in his cross examination at para 6 has admitted that the article B/1 brought before the Court was an open packet and name of the present appellant has not

been mentioned on that packet. The packet was having cuts of rat bite. In these circumstances so also in light of the fact that independent seizure witness has not supported the case of prosecution and turned hostile. The seized contraband article included stems also which does not come within the purview of definition of Gajja. In these circumstances so also in the light of the fact that the appellant has suffered almost 46 days of incarceration out o f total jail sentence of 2 years. The appeal is likely to take long time to conclude. Hence, Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 9/19/2023 5:26:22 PM

he prayed to suspend the jail sentence and grant of bail to 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. 15638 of 2023, is hereby allowed subject to depositing of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with two solvent sureties 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. The appellant is further directed to mark his appearance before the Office of this Court o n 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

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 9/19/2023 5:26:22 PM