Citation : 2021 Latest Caselaw 1995 MP
Judgement Date : 20 May, 2021
The High Court Of Madhya Pradesh
CRA-6108-2020
(BHERULAL Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 20-05-2021
Heard through Video Conferencing.
Shri A. K. Saraswat, counsel for the appellant.
Shri Sanjay Karanjawala, counsel for the respondent / State.
Heard on IA No.8753/2020, which is first application filed under Section 389)1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of the appellant.
Appellant Bherulal has been convicted and sentenced as under:- Section Imprisonment Fine Imprisonment in lieu of fine U/s 8/18(C) of 3 years R.I Rs.50,000/- 6 months Add.
R.I.
NDPS Act
Learned counsel for appellant submits that the appellant is in custody from the date of judgment i.e. 23rd November, 2020. Considering the total period of sentence and the fact that the appellant is the first offender and hearing of this appeal is not possible in near future, remaining jail sentence may be suspended.
Learned G.A has opposed the application. Considering the nature of the offence and the period of sentence, without expressing any opinion of merits of the case, I deem it proper to suspend the remaining jail sentence of appellant because, final hearing of this matter is not possible in near future in this COVID-19 era.
Accordingly, IA No.8753/2020 is allowed. Execution of jail sentence of the appellant Bherulal is hereby suspended and it is ordered that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.2,00,000/- ( Rs. Two Lacs Only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Mandsaur, District
- Mandsaur on 21/12/2021 and also on such other dates, as may be fixed by the trial Court in this regard during the pendency of this appeal.
c.c as per rules.
(SUJOY PAUL) V. JUDGE
Digitally signed by AMOL N MAHANAG Date: 2021.05.21 11:15:24 +05'30'
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