Prakash Chokrawarti vs The State Of Madhya Pradesh
2024 Latest Caselaw 21172 MP

Madhya Pradesh High Court

Prakash Chokrawarti vs The State Of Madhya Pradesh on 5 August, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                               1                                   CRA-6733-2024
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRA No. 6733 of 2024

(PRAKASH CHOKRAWARTI Vs THE STATE OF MADHYA PRADESH )

Dated : 05-08-2024 Shri Vishnu K Upadhayay - Advocate for the appellant. Ms. Hemlata Kshatriya - Panel lawyer for the State.

Record of the Court below has been received.

Heard on admission.

This appeal is admitted for final hearing.

Heard on I.A No.13621/2024 , which is the first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of the appellant and I.A. No.14965/2024 an application for suspension of fine amount.

The appellant has been convicted under Section 8 R/w 20(B)(ii)(b) of the NDPS Act and sentenced to undergo R.I. for 1 year and fine of Rs.10,000/- with default stipulation.

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 appeal would take considerable time to conclude. He is ready 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.

On the other hand, learned counsel for the State has opposed the application and prays for its rejection.

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Heard counsel for the parties and perused the record. 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 sentences awarded to the appellant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application for suspension of sentence marked as I.A. No.13621/2024 is allowed.

Also heard on I.A. No.14965/2024 in which a request was made for suspending the fine amount of Rs.10,000/-, but considering the fact that fine amount of only Rs.10,000/- was imposed, this Court does not find any necessity to suspend the fine amount.

Accordingly, the I.A. No.14965/2024 is dismissed . It 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 surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 08.11.2024 and on such other dates as may be fixed in this regard during pendency of this appeal.

List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

DevS

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