Madhya Pradesh High Court

Brajesh vs The State Of Madhya Pradesh on 5 June, 2025

                                                              1                             CRA-3081-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRA No. 3081 of 2025
                                                (BRAJESH Vs THE STATE OF MADHYA PRADESH )



                           Dated : 05-06-2025

Shri D.S.Rajawat - Advocate for the appellant.

Shri Samar Ghuraiya - Public Prosecutor for the State.

Heard on I.A.No.6646/2025, which is an application for suspension of remaining jail sentence to the appellant.

This Criminal appeal assails the judgment dated 12/03/2025 passed by

Special Judge (NDPS Act), District Guna (M.P.) in S.C.NDPS No.02/2020 whereby the appellant has been convicted under Section 8 read with Section

20 (Kha) (ii) (आ) of NDPS Act and sentenced to suffer three years RI and fine of Rs. 10000/- with default stipulation.

Learned counsel for the appellant that the appellant has spent nine and half months of actual jail custody till date. The allegation is of possession of 3.900 Kg of Ganja. It is contended that the conviction of the present appellant would be on the debatable note and both the independent seizure witnesses have turned hostile as recorded by the trial Court in para 29 of the

judgment under challenge. Thus, on this ground, prayer is made to suspend the remaining jail sentence.

Per contra, the application is opposed by learned counsel for the State. Considering the aforesaid, but without commenting on the merits of the case, I.A.No.No.6646/2025 is hereby allowed.

It is directed that jail sentence of the appellant shall remain suspended

2 CRA-3081-2025 during the pendency of this appeal and he shall be released on bail, subject to depositing the entire fine amount, if already not deposited, and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Court concerned, for his appearance before the trial Court on 22.07.2025 and on such other dates as may be fixed in this regard by that Court till final disposal of this appeal.

A copy of this order be sent to the concerned Court below for compliance.

(VIVEK JAIN) V. JUDGE

AK/-