Shamim vs The State Of Madhya Pradesh
2021 Latest Caselaw 5533 MP

                                   1                            CRA-4090-2021
        The High Court Of Madhya Pradesh
                   CRA-4090-2021
                     (SHAMIM Vs THE STATE OF MADHYA PRADESH)

5
Jabalpur, Dated : 16-09-2021
      Heard through Video Conferencing.
      Shri Mahendra Choubey, Advocate for the appellant.
      Shri Vinay Sharma, P.L. for the respondent/State.

Heard on admission.

Appeal is admitted for final hearing.

Heard on I.A.No.12626/2021, which is an application for suspension of sentence and grant of bail to the appellant.

The appellant/accused has filed this appeal under Section 389 (1) of Cr.P.C for suspension of his jail sentence awarded by the Court of Special Judge (NDPS, Act), Sagar in S.T. SC No.NDPS/500014/2009 vide its judgment dated 06/07/2021 convicting the appellant/accused under Sections 20(Kh)(2)(II-kh) of NDPS Act aand sentencing him to R.I for 2 years with fine of Rs.3,000/- with default stipulation as mentioned in the impugned judgment.

Learned counsel for the appellant submits that the appellant was on bail during the trial and he did not misuse the liberty granted to him. He has deposited the fine amount before the trial Court. It is alleged that 1.200 kgs. of Ganja was seized from the possession of appellant. He has been falsely implicated in this case. This appeal is of year 2021 and its final hearing will take time to conclude. Therefore, the application filed on behalf of the appellant may be allowed and the period of his remaining jail sentence may be suspended further and he may be released on bail.

Learned Panel Lawyer for the State opposes the application. Looking to facts and circumstances of the case and on perusal of record, this Court is of the view that it is a fit case for grant of bail and suspension of sentence. Hence, I.A. No.12626/2021 is allowed.

2 CRA-4090-2021 It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant shall remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.35,000/- with one surety in the like amount to the satisfaction of the trial Court for his appearance before

the trial Court on 20.12.2021 and thereafter on all other such subsequent dates as may be fixed by the trial Court in this regard.

I n case, the appellant is found absent on any date fixed by the trial Court then the said Court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.

Appeal be listed for final hearing in due course as per listing policy. Certified copy/e-copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

pn

Signature Not Verified SAN

Digitally signed by PANKAJ NAGLE Date: 2021.09.17 13:34:32 IST