Makhanlal vs The State Of Madhya Pradesh
2021 Latest Caselaw 7456 MP

1 CRA-6331-2021 The High Court Of Madhya Pradesh CRA No. 6331 of 2021 (MAKHANLAL Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 16-11-2021

Shri Ajay Kumar Jain, counsel for the appellant. Shri Tapan Bathre, Panel Lawyer for the State. Heard on the question of admission.

Appeal appears to be arguable hence it is admitte d for final hearing.

Heard on I.A. No.18968/2021, which is the first application for suspension of jail sentence and grant of bail.

T hi s Criminal appeal assails the judgment dated 04.10.2021 passed in (Special NDPS) case No.13/2014 by Special Judge (NDPS Act, 1985), Narsinghpur (M.P.), whereby the appellant has been convicted and sentenced under Section 8 R/w Section 15B of NDPS Act, 1985 for 5 months R.I. with fine of Rs.5000/-, with default stipulation.

Learned counsel for the appellant submits that fine amount has

already been deposited. Appellant had remained under custody for a period of two months and is in custody from the date of judgment i.e. 04.10.2021. Thus, he prays for suspension of sentence and grant of bail.

Per-contra, counsel for the State has opposed the prayer but could not dispute the fact that conviction is only for 5 months.

Considering the overall facts and circumstances of the case, without commenting upon any opinion on the merits, I.A.No. 18968/2021 i s allowed and it is directed that the jail sentence of the appellant is suspended. Appellant is directed to be released on bail on his furnishing bail bond of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court concerned for Signature SAN Verified Not his appearance before the Registry of this Court on 31.3.2022 and Digitally signed by VARSHA CHOURASIYA Date: 2021.11.17 15:26:23 IST 2 CRA-6331-2021 thereafter on such other dates as may directed by the Registry of this Court in this regard.

List the matter for final hearing in due course of time at its own turn.

Certified copy as per rules.

                                                                          (VISHAL MISHRA)
                                                                               JUDGE

                      vc




Signature
 SAN      Not
Verified

Digitally signed by
VARSHA
CHOURASIYA
Date: 2021.11.17
15:26:23 IST