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2022 Supreme(MP) 1229

ROHIT ARYA
Amit Saxena – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Brajesh Tyagi, Advocate, V.P.S. Tomar, Advocate
Final Result : Allowed

JUDGMENT

Rohit Arya, J. - Heard o n I.A.No.20237/2022, first application for suspension of sentence and grant of bail moved on behalf of appellant.

2. The appellant stands convicted under Sections 8(C) read with Section 20(b)(ii)(B) of NDPS Act and sentenced to undergo 03 years' RI with fine of Rs.3,000/- with default stipulation vide judgment of conviction and order of sentence dated 20.12.2022 passed by Special Judge (NDPS Act), District Vidisha in Special Case No.02/2017.

3. Learned counsel for appellant while taking exception to the impugned judgment submits that the Sessions Court has not appreciated the evidence placed on record in correct perspective. The appellant was on bail during trial and has not misused the liberty so granted. Fine amount has also been deposited. The appeal is of the year 2022 and there is no likelihood of early hearing of this appeal in the near future. Under such circumstance, learned counsel prays for suspension of sentence and grant of bail on behalf of appellant.

4. Per contra, learned counsel for the respondent-State opposed the application supporting the impugned judgment.

5. Upon hearing learned counsel for the rival parties, without commenting upon

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