Abhishek Jatav vs The State Of Madhya Pradesh
2024 Latest Caselaw 15207 MP

Madhya Pradesh High Court

Abhishek Jatav vs The State Of Madhya Pradesh on 21 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 4837 of 2024
                                             (ABHISHEK JATAV Vs THE STATE OF MADHYA PRADESH)

                           Dated : 21-05-2024
                                 Mr. Girdhar Gopal Shivhare - Advocate for the appellant.

                                 Mr. Dinesh Savita - Panel Lawyer for respondent/State.

I.A. No. 7785/2024, an application under Section 5 of Limitation Act is taken up, considered and allowed for the reasons mentioned therein.

Delay in filing the instant appeal is hereby condoned. Heard on the question of admission.

The appeal being arguable is admitted for final hearing. Record of the trial court is received.

Also heard on I.A.No. 7645 of 2024, First application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal under Section 374 (2) of Cr.P.C., 1973 assails the judgment dated 19.01.2024 passed by Special Judge, (NDPS Act), Gwalior in SC NDPS 39/2022, whereby, appellant has been convicted under Section 8(ga) r/w Sec. 21 of NDPS Act and sentenced him to undergo maximum two years RI with maximum fine of Rs.5,000/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available on record. Further submission is that mandatory provision of NDPS Act have not been followed while seizing the contraband article. There are material contradictions and omissions in the statement of the prosecution witnesses. Further argument is that appellant has already served more than 15 months of incarceration out of total jail sentence of two years. This appeal is likely to take long time to

conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to the appellant.

Head learned counsel for the rival parties and perused the record. Considering the facts and circumstances of the case, but without expressing any opinion on the merits of the case, I.A.No. 7645 of 2024 is allowed and the sentence of appellant shall remain suspended subject to payment of fine amount as imposed by the trial court and on furnishing personal bond in the sum of Rs.50,000/- along with one solvent surety in the like amount to the satisfaction of the trial Court.

The appellant shall appear before the Office of this Court on 24.09.2024

and other dates as may be fixed by this Office in this regard from time to time till final disposal of the instant appeal.

List the case for final hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

(LJ*)