Suresh Meena vs The State Of Madhya Pradesh
2024 Latest Caselaw 3329 MP

Madhya Pradesh High Court

Suresh Meena vs The State Of Madhya Pradesh on 5 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 14121 of 2023
                                              (SURESH MEENA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 05-02-2024
                                 Mr. Anshu Gupta - Advocate for the appellant.

                                 Mr. Vijay Sundram - Panel Lawyer for respondent/State.

The appeal being arguable is admitted for final hearing. Heard on I.A. No. 2622 of 2024, second application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 30.10.2023 passed by

Special Judge (NDPS Act), District Guna (M.P.) in SC NDPS No.2/2019, whereby appellant has been convicted and sentenced under Section 8/21 of NDPS Act to undergo rigorous imprisonment of three years with fine of Rs.5,000/-, with default stipulations.

Learned counsel for the appellant argued that the Court below have wrongly appreciated the evidence and convicted the appellant. There are material contradictions and omissions in the statements of the witnesses. Learned Court below has ignored to appreciate the evidence properly. It is further submitted that earlier the appellant was granted interim suspension of

sentence till receipt of record, however, he did not misuse the liberty so granted. Under these circumstances, he prayed to suspend the jail sentence of the appellant looking to the short period of jail sentence and release him on bail.

Head learned counsel for the appellant and perused the record. Considering the facts and circumstances of the case so also looking to the fact that earlier on 29.11.2023, the sentence of appellant was temporarily suspended, I.A. No. 2622 of 2024 is allowed and now the order of suspension

dated 29.11.2023 is made confirmed and absolute and the sentence of appellant shall remain suspended on the personal bond of Rs.50,000/- as already furnished by the appellant before the trial Court.

The appellant shall appear before the Office of this Court on 27.05.2024 and other dates as may be fixed by this Office in this regard from time to time.

List the case for final hearing in due course.

Certified copy today as per rules.

(SUNITA YADAV) JUDGE

(LJ*)