Yukub vs The State Of Madhya Pradesh
2022 Latest Caselaw 326 MP

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                                                                               CRA No.2223/2021

                High Court of Madhya Pradesh, Jabalpur
                            Bench at Indore
            Criminal Appeal No.2223/2021
Indore, Dated 06.01.2022
        Shri Rewat Singh Raghuvanshi, learned counsel along with

Shri Sandeep Billore, learned counsel for appellant Yakub s/o Ismail

Kha Mew.

        Shri Viraj Godha, learned Panel Lawyer for the respondent /

State of Madhya Pradesh, on advance notice.

Heard on IA No.30305/2021, first application under Section

389 (1) of the Code of Criminal Procedure, 1973 for suspension of

jail sentence and grant of bail filed on behalf of the appellant.

The present appellant has been convicted and sentenced by

learned Additional Special Judge (under NDPS Act), Mandsaur,

District Mandsaur (MP) in Special Sessions Trial No.700009/2015

vide judgment dated 30th January, 2021, as under: -

                Conviction                           Sentence
    Section          Act       RI         Fine        Imprisonment in lieu of fine
                                         amount
      379            IPC      1 year    Rs.1,000/-              1 month RI
    8 (c) r/w     NDPS Act    1 year    Rs.8,000/-              3 months RI
     15 (b)                  6 months

Counsel for the appellant has submitted that the appellant was

on bail during the trial and he did not misuse the liberty so granted to

him. It is further submitted that short sentence of one and half year

has been imposed on the appellant and there are fair chances of

success in the appeal and there is no possibility of early disposal of

CRA No.2223/2021

this appeal in near future and if the sentence is not suspended, then

the present appeal filed by the appellant may turn infructuous.

Under these circumstances and looking to the short sentence

imposed on the appellant, counsel for the appellant prays for

suspension of jail sentence of the appellant and grant of bail to him.

Counsel for the respondent / State of Madhya Pradesh, on the

other hand, opposed the application by submitting that no sufficient

ground is made out for releasing the appellant on bail; hence the

application filed by the appellant be dismissed.

Considering the facts and circumstances of the case and the

arguments advanced by the counsel for the parties as also looking to

the short sentence of one and half year sentence awarded to him, this

Court is of the considered opinion that the application for suspension

of custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the

case, IA No.30305/2021 is allowed, subject to depositing the fine

amount, if any, and it is directed that on furnishing a personal bond

by the appellant in the sum of Rs.50,000/- (Rupees fifty thousand

only) with a solvent surety in the like amount to the satisfaction of

the learned trial Court, for his / her regular appearance before

concerned trial Court, the execution of the custodial part of the

sentence imposed against the appellant shall remain suspended, till

the final disposal of this appeal.

CRA No.2223/2021

The appellant, after being enlarged on bail, shall mark his /

her presence before the concerned trial Court on 11.05.2022 and on

all such subsequent dates, as may be fixed by the concerned Court in

this regard.

Let the record of the case from the concerned trial Court be

requisitioned, if not already received; and list the matter on the

question of admission.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.01.06 17:30:21 +05'30'