Paramhansh Kushwaha vs State Of Madhya Pradesh

I.A. NO.8245/2020 has been filed by Mr. Manish Meshram for change in counsel. However, he has not appeared to press the application. On the other hand, Ms. Savita Choudhary, Advocate has filed an affidavit of son of the appellant for engaging her as the counsel for the appellant. Hence, I.A. NO.8245/2020 is dismissed.

Heard on the question of admission.

Appeal seems to be arguable, hence admitted for hearing.

Heard on I.A.No.5768/2020, which is first application for suspension of sentence and grant of bail to the appellant who stands convicted vide judgment dated 02.03.2020 passed by the Special Judge under the NDPS Act, Narsinghpur in Special ST No.02/2014 for offence punishable under Section 8 read with Section 20 (b) (ii) (B) of the NDPS Act, 1985 and sentenced to undergo R.I. for three years with fine of Rs. 5000/- and default stipulations.

Learned counsel for the appellant submits that 4 kg of ganja was seized from the appellant which cannot be said to be commercial quantity. The appellant was granted bail during trial. He has been in custody since the date of judgment till now. Due to COVID-19 pandemic, the final disposal of this appeal would take considerable time, hence, the substantive jail sentence of the appellant be suspended and he be granted bail.

Learned Panel Lawyer for the State has vehemently opposed the bail application.

Considering the facts and circumstances of the case, without commenting upon the merits of the case, I.A. No.5768/2020 is allowed. It is directed that on furnishing a personal bond in the sum of Rs. 60,000/-(Rupees Sixty Thousand Only) with two sureties of Rs. 30,000/- each, out of which one surety must be of State of M.P. and another surety must be of the native place of the appellant i.e. State of Maharashtra to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant-Paramhansh Kushwaha shall remain suspended during the pendency of this case and he be released on bail. The appellant shall appear before the concerned trial Court on 22.12.2020 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

I.A.No. 5768/2020 stands disposed of.

Let the record of the case be called.

List the case for hearing in due course.