Madhya Pradesh High Court
Bahadur Kumar vs The State Of Madhya Pradesh on 7 November, 2023
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
1 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 11332 of 2023 (BAHADUR KUMAR Vs THE STATE OF MADHYA PRADESH) Dated : 07-11-2023 Shri Vikas Yadav, learned counsel for the appellant.
Shri Vishal Panwar Pl for the State.
Heard on the question of admission.
IA No. 15118/2023, an application for urgent hearing is taken up and disposed of.
3. Heard on I.A. No.15119/2023, which is an application filed under Section 389 of the Criminal Procedure Code, 1973 for suspension of sentence on behalf of appellant.
4. The appellant has been convicted for short sentence under Section 8(C) r/w Section 15(B)/25 of NDPS Act and sentenced to undergo 02 years R.I with fine 50,000/- and usual default stipulations.
5 . Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated. There are material omissions and contradictions in the statement of the prosecution witnesses. Final hearing of this appeal is likely to take sufficient long time. Under these circumstances,learned counsel prays that the application for suspension of sentence of the appellant be allowed.
6. Learned counsel for the State opposed the prayer and prayed for dismissal of the application for suspension of sentence.
7 . Looking to the facts and circumstances of the case, contention of learned counsel for the appellant and short sentence of the appellant, without commenting on the merits of the case, the application is allowed.
Signature Not Verified Signed by: VARSHA DUBEY Signing time: 08-11-2023 16:17:51 28. It is directed that subject to depositing the fine amount, if already not deposited, the appellant shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 11.01.2024 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.
9. Accordingly, I.A. No.15119/2023 stands allowed and disposed of. List the matter for final hearing in the next month.
(PREM NARAYAN SINGH) JUDGE VD Signature Not Verified Signed by: VARSHA DUBEY Signing time: 08-11-2023 16:17:51