Vishal Kushwah vs The State Of Madhya Pradesh
2023 Latest Caselaw 15970 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 9380 of 2023 (VISHAL KUSHWAH Vs THE STATE OF MADHYA PRADESH)

Dated : 26-09-2023 Shri Ajit Singh Gurjar - Advocate for the Appellant.

Shri P.P.S. Bazeeta - Public Prosecutor for State. Heard on I.A. No.13475 of 2023, which is first 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 23.06.2023 passed by

Special Judge (NDPS Act) District Gwalior in Special Session Trial No.42/2022, whereby appellant has been convicted under Section 8(ga) read with Section 21(kha) of N.D.P.S. Act and has been sentenced to undergo rigorous imprisonment of 3 years with fine of Rs.5000/-, 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 there is material omissions and contradictions in the statements of prosecution

witnesses. Mandatory provisions of NDPS Act has not been followed. It is further argued that the appellant has already suffered almost 1 and a half years of incarceration out of total jail sentence of 3 years. The appeal is likely to take long time to conclude. Hence, 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.

Signature Not Verified Signed by: MOHD AHMAD Signing time: 27-Sep-23 12:44:50 PM

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. 13475 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 lakh only) with a 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. The appellant is further directed to mark his appearance before the Office of this Court o n 18/12/2023 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

Rohit

Signature Not Verified Signed by: MOHD AHMAD Signing time: 27-Sep-23 12:44:50 PM