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Golu @ Nirmal vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 28 December 2023 · Citation: (2023) 12 MP CK 0118

HON’BLE JUDGES
Gurpal Singh Ahluwalia, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 389(1) · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8(c), 21(b)
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 16190 Of 2023
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Judgment

10 paragraphs · 230 words

G.S. AHLUWALIA

Gurpal Singh Ahluwalia, J

Call for the record of the Court below.

Heard on I.A.No.19712/2023, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the sole appellant.

The appellant has been convicted for offence under Section 8(c) read with Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and has been sentenced to undergo 02 years Rigorous Imprisonment with fine of Rs.5,000/-, with default stipulation.

It is submitted by counsel for the appellant that the jail sentence of the appellant has already been suspended by the trial Court for a period of one month. The appellant is ready and willing to abide by any condition, which may be imposed by this Court.

Considering the fact that the jail sentence of the appellant has already been suspended by the trial Court, I.A.No.19712/2023 is allowed. Subject to deposit of fine amount and subject to furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with one surety of the like amount to the satisfaction of the trial Court the jail sentence of the appellant shall remain suspended and he be released on bail.

The appellant is permanently exempted from appearing before the Registry of this Court but he shall appear as and when directed.

List after the record is received.

Certified Copy as per rules.