Phoolchand vs The State Of Madhya Pradesh
2021 Latest Caselaw 8284 MP

                                   1                               CRA-8002-2018
        The High Court Of Madhya Pradesh
                 CRA No. 8002 of 2018
                   (PHOOLCHAND Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 06-12-2021
      Shri Sandeep Kumar Jain, Advocate for the appellant.

      Shri Om Prakash Patel, Panel Lawyer for the respondent/State.

Heard on the question of admission.

Admit.

Record of the Court below is available.

Also heard on I.A.No.21094/2021, which is an application for suspension of sentence and grant of bail to the appellant.

The appeal has been preferred under Section 374(2) of the Cr.P.C., by the appellant against impugned judgment dated 29.09.2018 in Special NDPS Case No.200003/2013 passed by learned Special Judge Damoh (M.P.), whereby the appellant has been convicted for the offence punishable under Section 8/20(B)/(ii) (B) of NDPS Act and has been sentenced to undergo R.I. for 7 years with a fine of Rs.80,000/- with default stipulation.

Learned counsel for the appellant submitted that the appellant has

already suffered more than half of the custodial sentence. Therefore, till final disposal of the application, suspension of sentence of the appellant be extended.

Considering the facts and circumstances of the case and also considering the facts that the applicant has already completed more than half of the sentence, therefore, this application is allowed.

I t is directed that subject to payment of fine amount, if not already deposited, execution of jail sentence of appellant shall remain suspended till further orders and he be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 21.03.2022 and thereafter on all the subsequent dates as may be fixed by the trial Court in this regard during the 2 CRA-8002-2018 pendency of this appeal.

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to the concerned learned Panel Lawyer on their respective email address for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court below

also.

List this case for final hearing in due course. Certified copy/e-copy as per rules/direction

(ARUN KUMAR SHARMA) JUDGE

Vin**

Signature Not Verified SAN

Digitally signed by VINOD SHARMA Date: 2021.12.07 11:49:26 IST