Naseem Pathan vs The State Of Madhya Pradesh
2021 Latest Caselaw 5991 MP

                                                                      1                               CRA-5734-2018
                                            The High Court Of Madhya Pradesh
                                                       CRA-5734-2018
                                                     (NASEEM PATHAN Vs THE STATE OF MADHYA PRADESH)

                                   17
                                   Jabalpur, Dated : 24-09-2021
                                         Heard through Video Conferencing.
                                         Ms. Sunil Kumar Pandey, Advocate for the appellant.
                                         Ms. Vinay Sharma, Panel Lawyer for the respondent/State.

Heard on I.A.No.8902/2019 filed under Section 389(1) of Cr.P.C on behalf of the appellant Naseem Pathan for suspension of substantive jail

sentence.

Appellant has been convicted by the judgment dated 18.06.2018 passed by Special Judge (NDPS), Jabalpur (M.P.) in Special Case No.20/2016. The trial Court convicted the appellant for the offence under Section 8/20 (ch)(nks)(b) of the NDPS Act and sentencing him to undergo R.I.

for 10 years along with fine of Rs.1,00,000/- with default stipulation as mentioned in the impugned judgement.

Learned counsel for the appellant has submitted that the appellant has falsely been implicated in the alleged offence. He is in custody since

14.02.2016. The appellant has already suffered more than half of the custodial sentence and there is no possibility of this appeal in near future. Hence prayer is made to suspend the jail sentence and release the appellant on bail.

On the other hand, learned counsel for the State opposed the prayer and rejection of the same.

Looking to the entire facts and circumstances of the case and particularly the custody period of the appellant, this application (I.A. No.8902/2019) is allowed.

It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant Naseem Pathan shall remain suspended during the pendency of this appeal and he be released Signature Not Verified SAN on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees

Digitally signed by ASHISH KUMAR LILHARE Date: 2021.09.24 16:50:42 IST 2 CRA-5734-2018 Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 20.12.2021 and thereafter on all other such subsequent dates as may be fixed by the Registry in this regard.

At the time of release of the appellant from custody, all the instructions issued by the Government related to COVID-19 shall also be followed by the

concerned authorities.

The appeal be listed for final hearing in due course as per listing policy. Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

ashish

Signature Not Verified SAN

Digitally signed by ASHISH KUMAR LILHARE Date: 2021.09.24 16:50:42 IST