Madhya Pradesh High Court
Sharad Yadav vs The State Of Madhya Pradesh on 24 August, 2015
CRA-3225-2013
(SHARAD YADAV Vs THE STATE OF MADHYA PRADESH)
24-08-2015
Shri Arubendra Singh, Advocate for the appellant.
Ms. Surabhi Nigam, GA for the respondent/State.
Heard on I.A. No. 15435/2015, fourth application for suspension of jail sentence and grant of bail to the appellant. Earlier applications were dismissed as withdrawn. Appellant has been convicted by the trial Court under section 8 read with section 20(b)(11)(b) of N.D.P.S. Act and sentenced to undergo RI for 5 years & fine of Rs. 50,000/- with default stipulations.
Learned counsel for the appellant submits that trial Court has not appreciated the evidence on record in its proper perspective. Appellant has already suffered the jail sentence of 2 ½ years which is 50% of the awarded jail sentence. It is further submitted that contraband (Ganja) was less than 20 kg which comes under the category of less than the commercial quantity. The appeal would take considerable time to dispose of finally hence, he prays for suspension of jail sentence and grant of bail to appellant.
Learned counsel for the State opposes the application. On due consideration of the facts and contentions raised by learned counsel for the parties alongwith the period of jail sentence already suffered by appellant and quantity of contraband, without commenting on merits, I am of the view that it is a fit case for suspension of jail sentence and grant of bail to him therefore, application is allowed.
Remaining jail sentence of appellant Sharad Yadav is hereby suspended and it is directed that he shall be released on bail subject to depositing the fine amount and furnishing a personal bond in the sum of Rs. 40,000/- (Rs. Forty Thousand only) with one surety in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 16th of December, 2015 and on such subsequent dates as may be fixed by the registry in this regard, which shall not be less than the period of 6 months till final disposal of this appeal. List the case for final hearing in due course. Certified copy as per rules.
(G.S. SOLANKI) JUDGE