Bhagun Singh Thakur vs The State Of Madhya Pradesh
2021 Latest Caselaw 674 MP

                                    1                                CRA-1543-2021
        The High Court Of Madhya Pradesh
                   CRA-1543-2021
                (BHAGUN SINGH THAKUR Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 12-03-2021
       Mr.Teekaram Patel, learned counsel for the appellant.
       Ms.Nalini Gurang, learned P.L. for the respondent/State.

Heard on admission.

Let record of the court below be called for.

The appeal is admitted for hearing.

Considered I.A.No.3751/2021, which is first application u/s 389(1) Cr.P.C. on behalf of appellant for suspension of sentence and grant of bail.

As prosecution about 6 Kg. of contraband 'ganja' has been found from illegal possession of the appellant.

The appellant has been convicted by the impugned judgment dated 02.3.2021 passed by the trial Court in Special Case (NDPS) No.27/2017 for offence under sections 8/20 (Kha)(ii-kha) of the NDPS Act, 1985 and sentenced to undergo R.I. for 3 years with fine of Rs.20,000/- with default stipulations.

Learned counsel for the appellant submitted that the impugned judgment has been passed by the trial Court without properly appreciating the evidence on record. The appellant is first offender. The appellant was on bail during trial and he is custody since the date of judgment. Therefore, the substantive jail sentence of the appellant be suspended.

Learned P.L. for the State has opposed the prayer for bail. Considering the facts and circumstances of the case, looking to the nature of offence, sentence awarded by the trial Court and period of custody of the appellant and taking into account that this appeal would take considerable time for final disposal, without commenting on the merits of the case, the aforesaid interlocutory application is allowed.

I t is directed that execution of remaining jail sentence of the appellant/applicant-Bhagun Singh Thakur shall remain suspended and it is ordered that 2 CRA-1543-2021 he shall be released on bail on depositing the fine amount, if not already deposited, and on his furnishing a personal bond for the sum o f Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court with a further direction to appear before the Trial Court on 11.8.2021 and also on such other dates as may be fixed by that Court in this regard during the pendency of this appeal.

I.A. No.3751/2021 stands disposed of.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH T MAMTANI Date: 2021.03.12 19:24:51 IST