Sarup Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 9901 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2466 of 2022 (SARUP SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 19-07-2022 Mr. Sunil Kumar Nema, learned counsel for the appellant.

Ms. Seema Sahu, learned Panel Lawyer for the State. Heard on I.A. No.4451 of 2022 which is first application filed on behalf of the appellant for suspension of sentence and grant of bail.

By the impugned judgment, the appellant has been convicted under

Section 8-B read with Section 20 (a) (i) N of the NDPS Act, 1985 and has been sentenced to undergo RI for five years with fine Rs.10,000/- with default stipulation.

Learned counsel for the appellant submitted that the trial Court has not considered the evidence in proper perspective and hence arrived at erroneous findings and wrongly convicted the appellant. It is alleged that about 50 cannabis plants weighing about 4 kg and 600 grams have been seized from the possession of the appellant. The appellant remained in custody from 26.10.2013 to 13.01.2014 and thereafter from the date of

judgment i.e. 07.03.2022 till today he is in custody. The disposal of this appeal would take considerable time, therefore, the custodial sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the prayer for bail. Heard learned counsel for the parties. The appellant is first offender Signature Not Verified SAN a nd he is aged about 54 years. Hence, keeping in view the period of Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.07.19 18:24:16 IST custody undergone by the appellant and in the facts and circumstances of

the case, I deem it to be a fit case to suspend the custodial sentence of the appellant and to release him on bail. Therefore, without commenting on the merit, this application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant - Sarup Singh shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 13.12.2022 and on such other dates as may be fixed in this regard during

pendency of this appeal.

It is made clear that if the appellant gets involved himself in similar offence in future, this order of suspension of sentence shall stand ineffective.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.07.19 18:24:16 IST