Mayur S/O Chandrabhan Vajirani v. State Of Mah. Thr. Pso Ps Gittikhadan Nagpur

87appa928-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.928 OF 2022 IN CRIMINAL APPEAL NO.708 OF 2022 MAYUR S/O CHANDRABHAN VAJIRANI VS STATE OF MAH. THR. PSO PS GITTIKHADAN NAGPUR Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.G. Karmarkar, Advocate for applicant Ms Shamshi Haider, APP for the State / Non-applicant CORAM : ANIL S. KILOR, J.

DATED : 30.11.2022.

1.

This is an application filed under Section 389(2) of the Code of Criminal Procedure for suspension of sentence and grant of bail.

6.

The applicant was convicted for the offence punishable under Section 21(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs.6,000/-, in default to pay fine, further to suffer rigorous imprisonment for three months. 7.

I have perused the findings recorded by the learned Special Court, NDPS Act, Nagpur in the nd.thawre

87appa928-22.odt impugned judgment and order and thereupon, I am of the opinion that applicant is having arguable case and re-appreciation and reappraisal of the evidence is necessary in this case. There is no likelihood that this matter would come up for final hearing in near future. There is one more ground is that the applicant was on bail during the trial. Accordingly, I pass the following order:

i.

Criminal application is allowed.

ii.

The sentence imposed by the learned Special Court, NDPS Act, Nagpur in Spl. NDPS Case No.70 of 2019 vide judgment and order dated 13.10.2022, is suspended, till disposal of the appeal. iii.

Bail as in the trial Court with fresh Bonds.

[JUDGE] DOMAJI THAWRE 18:34 nd.thawre