Milan Singh @ Govind vs The State Of Madhya Pradesh
2021 Latest Caselaw 1873 MP

                HIGH COURT OF MADHYA PRADESH
                              Cr.A.No.480/2021
                  (Milan Singh @ Govind Vs. State of M.P.)

JABALPUR : 06/05/2021
      Shri Raman Patel, learned counsel for the appellant.
      Shri Dilip Parihar, learned Panel Lawyer for the respondent/State.

Heard on admission.

The appeal is admitted for hearing.

Also heard on I.A.No.2185/2021, which is an application for suspension of sentence filed by the appellant.

The appellant has been convicted for the offence under section 8/20(kh)(2-kh) of the N.D.P.S. Act and sentenced to R.I. for two years along with fine of Rs.10,000/-, with default stipulation.

Learned counsel for the appellant submits that the appellant was in custody for about two months during the trial and since the date of the judgment of the trial court he is in custody and thus he has already remained in custody for more than six months and only a short sentence has been imposed.

In reply, the learned counsel for the State has opposed the application for suspension of sentence.

Considering the fact that the short sentence of two years has been imposed out of which the appellant has already remained in custody for about six months and that the appeal has been admitted and hearing of the appeal is likely to take time, I am of the opinion that the case for suspension of sentence is made out.

Accordingly, the I.A. is allowed. It is directed that on deposit of fine amount, if not already deposited and on furnishing personal bond to the tune of Rs.35,000/- (Rupees Thirty Five Thousand Only) with separate surety bond in the like amount to the satisfaction of the Trial Court for his appearance before the Registry of this Court on 14.7.2021 and on subsequent dates as may be fixed by the Registry of this Court, appellant Milan Singh @ Govind be released on bail and the substantive sentence under appeal shall remain suspended.

List the appeal for final hearing as per its turn. Certified copy as per rules.

(Prakash Shrivastava) Judge HS Digitally signed by HEMANT SARAF Date: 2021.05.06 15:29:01 +05'30'