Laxman Gurjar vs The State Of Madhya Pradesh
2024 Latest Caselaw 14553 MP

Madhya Pradesh High Court

Laxman Gurjar vs The State Of Madhya Pradesh on 16 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 4907 of 2024
                                              (LAXMAN GURJAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 16-05-2024
                                 Mr. Ankur Maheshwari - Advocate for the appellant.

                                 Mr. Alok Sharma - Panel Lawyer for respondent/State.

Heard on the question of admission.

The appeal, being arguable, is admitted for final hearing. Heard on I.A. No. 8448 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 02.04.2024 passed by the Special Judge (NDPS Act), Sheopur, (M.P.) in SC NDPS No.11/2021, whereby appellant has been convicted and sentenced under Section 15(b) of NDPS Act to undergo rigorous imprisonment of 3 years with fine of Rs.5,000/- with default stipulations.

Learned counsel for the appellant argued that the appellant has wrongly been convicted by the trial Court ignoring the fact that mandatory provision under the NDPS Act has not been complied with while seizing the contraband

which is evident from prosecution story itself. As per prosecution story contraband were recovered in two bags and before taking samples contraband of both bags were mixed up and thereafter sample was taken up. There are material contradictions and omissions in the statement of the prosecution witnesses. It is further argued that appellant was on bail during trial and he did not misuse the liberty so granted. He has already served incarceration around two months out of total sentence of 3 years. Present appeal is likely to take

long time to come up for final hearing. Under these circumstances, he prays for suspension of jail sentence of the appellant and grant of bail to him.

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.8448 of 2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One 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 o n 10.10.2024 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

(LJ*)