Rinku Sharma vs The State Of Madhya Pradesh
2024 Latest Caselaw 6687 MP

Madhya Pradesh High Court

Rinku Sharma vs The State Of Madhya Pradesh on 5 March, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 15441 of 2023
                                               (RINKU SHARMA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 05-03-2024
                                 Shri D.S. Kushwah - Advocate for the appellant.

                                 Shri Atul Sharma, Panel Lawyer for the respondent/State.

Heard on I.A. No. 3652/2024, which is first application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail to the appellant- Rinku Sharma. At this stage, learned counsel for the appellant orally prays that I.A. No. 3652/2024 may be treated as application for temporary suspension of

sentence on medical grounds of the appellant.

This Criminal Appeal assails the judgment dated 24.11.2023 passed by the Special Judge (NDPS Act), District Bhind in NDPS Case No. 01/2019, whereby, appellant has been convicted under Section 8 (c) r/w section 21(b) of NDPS Act and sentenced him to undergo 5 years and with fine of Rs.10,000/- with default stipulation.

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. It is further submitted that as per health status report received from the Central Jail, Gwalior dated 02/03/2024, the appellant is suffering from Hemorrhoids, due to which, his Haemoglobin is reduced to 6.0, whereas, normal value is 12 to 18, therefore, he is referred for higher investigation. Under these circumstances, he prays that sentence of the appellant may be suspended temporarily for a period of two months for better diagnosis of his ailment and further medical treatment /

operation.

Per contra, learned Public Prosecutor for respondent/State opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

In view of above and considering the facts and circumstances of the case, without commenting on merits of the case, I.A. No. 3652/2024 is allowed and disposed of to the extent of temporary suspension of jail sentence of the appellant for a period of two months. Accordingly, it is directed that appellant be released on temporary bail for a period of two months from

the date of his release on his furnishing a personal bond to the tune of Rs. 50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court.

Temporary bail is given only for two months and the appellant shall have to surrender on completion of the period of two months before the trial Court and the trial Court shall submit surrender report in this regard before this Court on the next date of hearing.

Documents in regard to the medical treatment, for which, this temporary bail is given to the appellant be submitted by the appellant before the registry of this Court on or before the next date of hearing.

List the case on 13.05.2024.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Durgekar