Citation : 2021 Latest Caselaw 9108 MP
Judgement Date : 22 December, 2021
1 CRA-6268-2021
The High Court Of Madhya Pradesh
CRA No. 6268 of 2021
(MOTILAL Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 22-12-2021
Ms. Premlata Lokhande, Advocate for the appellant / accused.
Shri Y. Dwivedi, PL for the respondent-State.
Record of the trial Court has already been received. Heard on the question of admission.
Admit.
Also, heard on I.A.No.18758/2021 filed by the appellant / accused under section 389 (1) of Cr.P.C. for suspension of his jail sentence awarded by the Court of Special Judge (NDPS) Act, Narsinghpur in Special case (NDPS) No. 5/16 vide its judgment dated 8.10.2021 convicting the appellant / accused under Section 8 r/w. Sec. 20 (b) of the NDPS Act and sentencing him to undergo RI for 1 year along with fine of Rs.2000/- with default stipulation as mentioned in the impugned judgment.
Having considered the arguments advanced by learned counsel for the parties and looking to the other facts and circumstances of the case and the
evidence available on record, this application is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant Motilal shall remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one 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 other such subsequent dates as may be fixed in this regard.
In case, the appellant is found absent on any date fixed by the trial court, then the said Court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.
The appeal be listed for final hearing in due course as per listing 2 CRA-6268-2021 policy.
C.C. as per rules.
(ARUN KUMAR SHARMA) JUDGE
JP
Signature Not Verified SAN
Digitally signed by JITENDRA KUMAR PAROUHA Date: 2021.12.22 18:09:37 IST
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