Sureshsingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 9843 MP

                                    1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                            CRA No. 1838 of 2021
                    (SURESHSINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 18-07-2022
      Shri Surendra Patel, learned counsel for the appellant.

      Ms. Shikha Singh Baghel, learned Panel Lawyer for the respondent/State.

Heard on I.A. No.7035/2022, second repeat application for suspension of sentence and grant of bail. First application was dismissed as withdrawn on 01.12.2021.

This appeal has been preferred against the judgment dated 22.02.2021

passed by Special Judge (NDPS), Act, Dindori (M.P.) in Special Case No.11/2017, whereby the appellant has been convicted under Section 8(C) read with Section 20(B)(ii)(C) read with Section 29 of NDPS Act and sentenced to undergo ten years R.I. with fine of Rs.1,00,000/- with default stipulation.

Learned counsel for the appellant submits that the appellant is in jail as on date and he has been wrongly convicted. The learned trial Court has erred in appreciating the evidence on record. The appellant has already suffered incarceration of about 3 and 1/2 years. The fine amount has already been deposited by him. An early hearing of this appeal is not possible. Under these

circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the other hand, learned Panel Lawyer appearing on behalf of the respondent/State opposes the aforesaid application and prays for his rejection.

An early hearing of this appeal is not possible. Taking into consideration the period of sentence already undergone in the light of the judgment of Apex Court in the case of Kamal Vs. State of Haryana reported in 2006 (1) SCC

(Cri) 757, this Court is inclined to extend the benefit of bail to the appellant. I.A. stands allowed.

It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with a solvent surety in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 22nd, November, 2022 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

The appellant shall furnish a written undertaking that he will abide by the

terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

List this matter for final hearing in due course.

Certified copy as per rules.

                                                               (S. A. DHARMADHIKARI)
      Shanu                                                             JUDGE

Digitally signed by SHANU
RAIKWAR
Date: 2022.07.18 18:24:08 +05'30'