Madhya Pradesh High Court

Suresh Sen vs The State Of Madhya Pradesh on 1 April, 2025

1 CRA-8711-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 8711 of 2024
(SURESH SEN Vs THE STATE OF MADHYA PRADESH )

Dated : 01-04-2025
Shri Sanjay Singh - Advocate for appellant.
Shri Saket Udeniya - Public Prosecutor for the State.

Heard on admission.
The appeal being arguable is admitted for final hearing.
2. Also heard on I.A.No.18205/2024, first application under Section 389 of

Cr.P.C. for suspension of jail sentence and grant of bail to the appellant.
3. This Criminal Appeal assails the judgment dated 19.06.2024 passed in
Special NDPS Case No.19/2021 by the Special Judge (NDPS Act) District
Vidisha (M.P.), whereby appellant has been convicted as under :

Imprisonment
Under Section Imprisonment Fine Rupees
in lieu of fine
8(C) r/w Section 20(b)
03 years R.I. Rs.10,000/- 06 months R.I.
(ii)(B) of NDPS Act

4. Learned counsel for the appellant submits that the trial Court has

wrongly convicted the appellant without proper appreciation of facts of the
case as well as evidence on record. It is submitted that appellant has suffered
jail incarceration of 109 days during the trial and thereafter he is in custody
since the date of judgment i.e. 19.06.2024. He has so far suffered about 13
months jail incarceration. Hearing of appeal shall take substantial time. He
has good case on merits. Fine amount has already been deposited. He is

Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 4/2/2025
11:12:00 AM
2 CRA-8711-2024
ready to abide by the terms and conditions as imposed by this Court. On
these grounds, he prays to suspend the jail sentence and grant of bail to the
appellant.
5. Learned counsel for the respondent/State opposed the application and

prayed for its rejection.

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

7. Considering the submissions advanced by learned counsel for the parties as well as facts and circumstances of the case and the period of custody suffered by the appellant, without commenting on merits of the case, I.A.No.18205/2024 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 Lac Only) with a 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. The appellant is further directed to mark his appearance before the Registry of this Court on 05/05/2025 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

8. List for final hearing in due course.

C.C. as per Rules.

(RAJENDRA KUMAR VANI) JUDGE Aman