Citation : 2021 Latest Caselaw 8404 MP
Judgement Date : 7 December, 2021
1 CRA-4293-2021
The High Court Of Madhya Pradesh
CRA No. 4293 of 2021
Indore, Dated : 07-12-2021
Shri Vivek Singh, learned counsel for the appellant.
Ms. Sofiya Khan, learned PL for the respondent/State.
Heard on IA No.19743/2021, which is an application for suspension of sentence filed on behalf of appellant Kamal.
Learned counsel for the appellant submits that appellant has been convicted under Section 8/15(b) of NDPS Act and sentenced to 4 years R.I. with fine of Rs.20,000/-. The appellant has already suffered 4 months and 20 days jail incarceration. Final conclusion of this appeal will take long sufficient time. Appellant is permanent resident of District Mandsaur and he has no criminal
record. During trial he was on bail. Hence, he prays for bail and suspension of remain jail sentence till the final disposal of the appeal.
Per contra, learned PL for the respondent/State opposes the application for suspension of sentence and prays for its rejection.
From perusal of the impugned judgment and the evidence available on record, it appears that the evidence of the investigating officer is well supported by the documentary evidence. In view of the evidence available on record, it cannot be said that there is no evidence available on record.
After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case as well as the nature and gravity of the allegations, this Court is of the considered opinion that no case is made out for grant of bail and suspension of
execution of remaining jail sentence of the appellant.
Accordingly, IA No.19743/2021 is dismissed.
(ANIL VERMA) JUDGE
Signature Not Verified SAN
Digitally signed by TRILOK SINGH SAVNER Date: 2021.12.08 10:47:38 PST
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