Madhya Pradesh High Court
Bahadur vs The State Of Madhya Pradesh on 16 August, 2023
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 5384 of 2023
(BAHADUR Vs THE STATE OF MADHYA PRADESH)
Dated : 16-08-2023
Mr. Abhishek Rathore - Advocate for the appellant.
Ms. Varsha Singh Thakur - Government Advocate for respondent/
State.
Heard on I.A. No.12293 of 2023, which is an application for taking additional documents record.
2. Documents may be relevant for proper adjudication of this petition, therefore, I.A. No.12293 of 2023 is allowed and documents are taken on record.
3. Heard on I.A. No.5496 of 2023, which is an application under Section 389(1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail on behalf of sole appellant.
4. Appellant has been convicted under Section 8/18(C) of NDPS Act and has been sentenced to undergo 3 years R.I. with fine of Rs.30,000/- with usual default stipulation.
5. Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. During the trial appellant was on bail and he has not misused the liberty granted to him. Seized quantity of contraband is below than the commercial quantity. Appellant is an old aged person of 60 years of age and is suffering from paralysis. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellant.
Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 17-08-2023 10:30:38 2Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.
6. Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection.
7. Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant was on bail during the trial; there is no complaint that he has misused the liberty granted to him and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the remaining custodial sentence of the appellant.
8. Accordingly, I.A. No.5496 of 2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand Only) with two solvent sureties, out of which one should be local in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court on 20/12/2023 and on all such subsequent dates, which are fixed in this behalf, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.
9. Registry is directed to list the matter for final hearing in due course. Certified copy as per rules.
(ANIL VERMA) JUDGE Anushree Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 17-08-2023 10:30:38