Ramdas Gupta vs The State Of Madhya Pradesh
2024 Latest Caselaw 21176 MP

Madhya Pradesh High Court

Ramdas Gupta vs The State Of Madhya Pradesh on 5 August, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                             1                               CRA-6648-2024
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 6648 of 2024

(RAMDAS GUPTA Vs THE STATE OF MADHYA PRADESH )

Dated : 05-08-2024 Shri Prakash Gupta - Advocate for the appellant. Ms. Hemlata Kshatriya - Panel lawyer for the State.

Heard on admission.

The appeal is admitted for final hearing.

Also heard on I.A. No.13447/2024, which is first application under

section 389(1) of Cr.P.C. filed on behalf of the appellant for suspension of sentence and grant of bail.

The appellant has been convicted by the trial Court under Section 8 20(B)(ii)(AA) of the NDPS Act, 1985 and sentenced to undergo R.I. for 1 year with fine of Rs.5,000/-, with default stipulation.

Learned counsel for the appellant has submitted 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 offences. There is a bleak possibility of disposal of this appeal in near future,

therefore, the custodial sentence of the appellant may be suspended and he may be released on bail.

On the other hand, learned counsel for the State has opposed the applications and prayed for its rejection.

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

2 CRA-6648-2024 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.

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 solvent 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 23.10.2024 and on

such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid application stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

DevS