Vinay Kumar vs The State Of Madhya Pradesh
2022 Latest Caselaw 8558 MP

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                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                   CRA No. 1012 of 2020
                                                           (VINAY KUMAR Vs THE STATE OF MADHYA PRADESH)

                                       Dated : 28-06-2022
                                             Shri Ankit Saxena, learned counsel for the appellant.

                                             Shri    Sanjeev    Kumar     Singh,   learned       Panel    Lawyer   for   the
                                       respondent/State.

Heard on I.A. No.4637/2022.

This is repeat (third) application for suspension of sentence and grant of bail filed on behalf of appellant Vinay Kumar under Section 389(1) of Cr.P.C.

Earlier two applications were dismissed on merits vide order dated 06.08.2020 and 26.08.2021 respectively.

Appellant has been convicted for the offence under Section 8(c) read with Section 20(B)(ii)(c) of the NDPS Act and sentenced to undergo Rigorous Imprisonment for 10 years and fine of Rs.1,00,000/- with default stipulation.

It is submitted by learned counsel for the appellant that the appellant has completed about half of his jail sentence and in view of the judgment of the Apex Court in the case of Kamal Vs. State of Haryana reported in 2006 (1) SCC (Cri) 757, he is also entitled for suspension of sentence and grant of bail.

The appellant has not yet completed half of his jail sentence and the commercial quantity has been seized from him.

Considering the aforesaid, this application (I.A. No.4637/2022) is rejected. However, a liberty is granted to the appellant to file a fresh application after completion of half of his jail sentence, excluding the remission period. Signature Not Verified SAN List this matter for final hearing in due course. Digitally signed by SHARAN JEET KAUR JASSAL Date: 2022.06.29 10:33:10 IST

(NANDITA DUBEY) JUDGE

sjk

Signature Not Verified SAN

Digitally signed by SHARAN JEET KAUR JASSAL Date: 2022.06.29 10:33:10 IST