Narender Patel vs The State Of Madhya Pradesh
2021 Latest Caselaw 7646 MP

                                  1                                CRA-6515-2021
        The High Court Of Madhya Pradesh
                 CRA No. 6515 of 2021
                 (NARENDER PATEL Vs THE STATE OF MADHYA PRADESH)

2
Jabalpur, Dated : 22-11-2021

      Shri R.K. Awasthi, learned counsel for the appellant.
      Shri Manoj Kushwaha, Panel Lawyer for the respondent/State.

Heard on the question of admission.

Record of the court below be called for. Also heard on I.A.No.19439/2021, which is first application filed

under section 389 (1) of Cr.P.C. for suspension of custodial jail sentence and grant of bail filed on behalf of the appellant-Narender Patel.

T he appellant/accused person has filed this appeal against the judgment dated 07/10/2021 passed by Special Judge (NDPS ACT), Narsinghpur Jabalpur (M.P.) in Special Case No. 15/2017, whereby the appellant has been convicted for commission of offence punishable under Section 8/21(B) of the NDPS Act and has been sentenced to undergo RI for a period of two years and to pay fine of Rs.2000/-

with default stipulation.

Learned counsel for the appellant submits that the appellant was on bail during the trial and he did not misuse the liberty so granted to him. There is a fair chance to succeed in the case and if the custodial sentence of the appellant is not suspended then the appeal filed by him may turn infructuous. The disposal of the appeal will take time. Hence, learned counsel for the appellant prays for suspension of custodial sentence of the appellant.

Learned Panel Lawyer opposed the application and prayed for its rejection.

Looking to the aforesaid facts and circumstances of the case, it is ordered that subject to payment of fine amount, if not already deposited, 2 CRA-6515-2021 the execution of jail sentence of the appellant shall remain suspended till further orders and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his further appearance before the trial Court on 14.03.2022 and

thereafter, on all the dates as may be fixed by the trial Court in this behalf.

With the aforesaid IA No. 19439/2021 is allowed. List immediately after receipt of the record on the question of admission.

C.C. as per rules

(ARUN KUMAR SHARMA) JUDGE

skt

Signature Not Verified SAN

Digitally signed by SANTOSH KUMAR TIWARI Date: 2021.11.23 11:42:26 IST