Mangal vs The State Of Madhya Pradesh
2024 Latest Caselaw 16227 MP

Madhya Pradesh High Court

Mangal vs The State Of Madhya Pradesh on 30 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 6240 of 2024 (MANGAL Vs THE STATE OF MADHYA PRADESH)

Dated : 30-05-2024 Shri Bhanupratap Singh Chauhan, learned counsel for the appellant.

Shri Alok Sharma - P.L.- appearing on behalf of Advocate General. 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. 10498 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 16.05.2024 passed by Special Judge, (NDPS Act), Sheopur in SC NDPS 26/2021, whereby, appellant has been convicted under Section 8/15(B) of NDPS Act and sentenced him to undergo maximum Three 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. Seized quantity does not come within the purview of commercial quantity. 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. 10498 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. 1,00,000/- (Rs. One Lakh only) 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 16.10.2024 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

Durgekar