Deepak Bhardwaj vs The State Of Madhya Pradesh
2024 Latest Caselaw 6270 MP

Madhya Pradesh High Court

Deepak Bhardwaj vs The State Of Madhya Pradesh on 29 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     CRA No. 15307 of 2023
                                          (DEEPAK BHARDWAJ Vs THE STATE OF MADHYA PRADESH)

                         Dated : 29-02-2024
                               Mr. Prem Singh Bhadouria, Advocate for the appellant.

                               Mr. Atul Sharma, Panel Lawyer for the respondent - State.

Heard on the question of admission.

The appeal, being arguable, is admitted for final hearing. Heard on I.A. No. 3574 of 2024, 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 14.10.2023 passed by the Special Judge (N.D.P.S. Act), District Bhind (M.P.) in NDPS Case No.02/2019, whereby appellant has been convicted and sentenced under Section 8 (C) r.w. 21 (B) of N.D.P.S. Act to undergo rigorous imprisonment of five years with fine of Rs.10,000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has erred in convicting the appellant ignoring the fact that compliance of mandatory provisions of NDPS Act has not been proved beyond reasonable doubt. It is

further argued that the smack was recovered from the body of the appellant in a public place, however, no independent witnesses have been made. Both the independent witnesses are pocket witness of the concerned police which is evident from their statements. Under these circumstances, seizure becomes doubtful. Further submission is that appellant has already served almost 10 months of incarceration out of total jail sentence. Appeal is likely to take long time to conclude. Appellant has hope and believe that he would succeed.

Hence, he prayed to suspend the jail sentence and grant of bail to appellant.

Learned Panel Lawyer for the respondent/State vehemently opposed the application and 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, I.A. No.3574 of 2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.2,00,000/- (Rupees Two Lakh Only) with one 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. He is further directed to mark his appearance before the Office of this Court on 29.4.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List this 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

AKS