Abdul Hafeez vs The State Of Madhya Pradesh
2021 Latest Caselaw 630 MP

                                  1                               CRA-1535-2021
        The High Court Of Madhya Pradesh
                   CRA-1535-2021
                  (ABDUL HAFEEZ Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 10-03-2021
      Mr. S.K. Singh, learned counsel for the appellant.
      Ms. Sourabh Shukla, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence admitted for hearing. Heard on I.A.No.3711/2021, which is first application for suspension

o f sentence and grant of bail to the appellant who stands convicted vide judgment dated 25.02.2021 passed by the Special Judge under the NDPS Act, Sidhi in SPL NDPS Case No.29/20213 for offences punishable under Sections 8 (c) read with Section 20 (b) (ii) (B) of the NDPS Act and sentenced to undergo R.I. for one year and six months and fine of Rs.7,000/- and default stipulation.

Learned counsel for the appellant submits that the appellant has been sentenced to undergo only for one year and six month. It is contended that the appellant was in custody from 29.06.2013 to 28.11.2013 and from

14.02.2015 to 26.02.2015 and thereafter from 09.11.2017 to 21.11.2017. It is contended that the trial Court has not considered the evidence on record properly. The final disposal of this appeal would take considerable time, hence, the substantive jail sentence of the appellant be suspended and he be granted bail.

Learned Panel Lawyer for the State has vehemently opposed the bail application.

Considering the facts and circumstances of the case and taking into account the period of sentence imposed on the appellant and the custody period of the applicant, without commenting upon the merits of the case, I.A. No.3711/2021 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a Surety in the 2 CRA-1535-2021 like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant-Abdul Hafeez shall remain suspended during the pendency of this case and he be released on bail. The appellant shall appear before the concerned trial Court on 10.08.2021 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.3711/2021 stands disposed of. Let the record be called.

List the case for hearing in due course

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHLENDRA SHARAN SHUKLA Date: 2021.03.10 17:23:04 IST