Tampu @ Harshvichar vs The State Of Madhya Pradesh
2025 Latest Caselaw 11653 MP

Madhya Pradesh High Court

Tampu @ Harshvichar vs The State Of Madhya Pradesh on 26 November, 2025

                                                              1                                   CRA-3742-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 3742 of 2025
                                          (TAMPU @ HARSHVICHAR Vs THE STATE OF MADHYA PRADESH )



                           Dated : 26-11-2025
                                 Shri Ravindra Singh Kushwah - Advocate for the appellant.
                                 Shri Dinesh Savita - Public Prosecutor for the State.

                                 Heard on I.A. No.8227/2025, first application under Section 389(1) of
                           Cr.P.C. for suspension of jail sentence and grant of bail to appellant -
                           Tampoo @ Harshvichar.

                                 This appeal assails the judgment dated 21/03/2025 passed by the
                           Special Judge, Sheopur, in SC NDPS No.08/2022 whereby, appellant has
                           been convicted under Section 15(b) of the NDPS Act and sentenced to
                           undergo 3 years RI with fine of Rs.5,000/- with default stipulation.
                                 Learned counsel for the appellant submitted that the trial Court has
                           erred in convicting the appellant and awarding jail sentence. The appellant
                           has already suffered 9 months incarceration as pre and post trial
                           confinement. There is no previous criminal record against the appellant. He
                           was on bail during trial, but he did not misuse the liberty so granted. Amount

                           of fine has been deposited by him. Final hearing of the appeal is likely to
                           take some time. The appellant shall abide by all the conditions as may be
                           imposed by the Court. Hence, prayed to suspend the jail sentence of the
                           appellant.
                                 Learned counsel for the respondent/State opposed the application and

prayed for its rejection.

2 CRA-3742-2025 Considering the arguments advanced by learned counsel for the parties, attending facts and circumstances of the case and that short term of sentence has been imposed, without commenting on merits of the case, I.A. No.8227/2025 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court on 23.03.2026 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

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

Certified copy as per rules.

(PUSHPENDRA YADAV) JUDGE

ms/-