Kamlesh vs The State Of Madhya Pradesh
2024 Latest Caselaw 21130 MP

Madhya Pradesh High Court

Kamlesh vs The State Of Madhya Pradesh on 5 August, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                            1                             CRA-8495-2024
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                      CRA No. 8495 of 2024

(KAMLESH Vs THE STATE OF MADHYA PRADESH )

Dated : 05-08-2024 Shri Rajmani Bansal - Advocate for the appellant.

Shri Anurag Sharma - Public Prosecutor for the State.

Heard on I.A.No.15034 of 2024, first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant with an alternative prayer for grant of temporary bail as record has not been

received.

The appeal has been preferred by the appellant under Section 374 of the Cr.P.C. against the impugned judgment of conviction and sentence dated 18.07.2024 passed by Special Judge, (NDSPS Act), Vidisha (M.P.) in NDPS Case No. 18/2022, whereby, appellant has been convicted and sentenced under Section 8 (C) r/w. Section 20(b)(ii)(B) of NDPS Act to undergo maximum imprisonment of one year with fine of Rs.3,000/- with default stipulations.

Learned counsel for the appellant submitted that learned trial Court has

wrongly convicted the appellant without appreciating the evidence properly available on record. Further submission is that there are material omissions and contradictions in the statement of the prosecution witnesses. Therefore, prayer is made for grant of temporary suspension of sentence and grant of bail for a limited period.

Per contra, learned counsel for the State opposed the application and

2 CRA-8495-2024 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, it is directed that subject to depositing of fine amount, if not already deposited, and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two local solvent sureties of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain temporarily suspended for a period of three months from today and he be released on bail.

List the case on 09.09.2024 .

Meanwhile, Registry is directed to call the record of the Court below. 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

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