Mastan vs The State Of Madhya Pradesh
2022 Latest Caselaw 756 MP

1                                        Cr.A.No. 450-2022

    THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH
                             Cr.A.No. 450-2022

           (Mastan s/o Narayan Singh vs. State of Madhya Pradesh)

Indore, Dated: 17.01.2022
      Shri Palash Chowdhary, learned counsel for the appellant.

      Shri    Sameer     Verma,       learned    Panel   Lawyer      for       the

respondent/State.

Heard on the question of admission.

Appeal is admitted for hearing.

Record of the lower court be requisitioned.

Also heard on I.A.No.467/2022,which is an application under

Section 389 of the Cr.P.C. for suspension of jail sentence of the

appellant.

The appellant has been convicted by the Special Judge (under

NDPS) Shajapur vide judgment dated 27.12.2021 passed in S.T.

No.05/2013 and sentenced him as under:-

     Conviction                             Sentence
Section       Act      Imprisonment             Fine         Imprisonment
                                                             in lieu of fine
8/15 (b)     NDPS       02 years RI         10,000/-         3 months RI

Learned counsel for the appellants has submitted that under

identical circumstances, the other co-accused persons have been

acquitted from the offence and there is no possibility of the early

hearing of this criminal appeal before this Court, hence it is prayed that

custodial sentence of the appellant be suspended during the pendency

of this criminal appeal.

Learned counsel for the respondent/State, on the other hand, has

opposed the prayer and prayed for its rejection.

On due consideration of the submissions of the parties and

looking to the nature of sentence and and the period already undergone

by the appellant, without commenting on the merits of the case, this

Court finds force with the contention raised by the counsel for the

appellants, in the considered opinion of this Court, it would be

expedient to suspend the jail sentence of the appellant. Accordingly, the

application I.A.No.467/2022 is allowed.

It is directed that on furnishing a personal bond by the appellant

in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with

a solvent surety each in the like amount to the satisfaction of the

learned trial Court, for his 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.

The appellant after being enlarged on bail, shall mark his

presence before the concerned trial Court on 08.4.2022 and on all

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

regard.

Certified copy, as per rules.

(SUBODH ABHYANKAR ) JUDGE moni Digitally signed by MONI RAJU Date: 2022.01.17 17:16:57 +05'30'