Praveen @ Chhotelal vs The State Of Madhya Pradesh
2022 Latest Caselaw 3172 MP

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                                                       The High Court Of Madhya Pradesh
                                                                 CRA No. 890 of 2018
                                                        (PRAVEEN @ CHHOTELAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                            Indore, Dated : 07-03-2022
                                                  Shri Apoorv Joshi, learned counsel for the appellant.

                                                  Shri R.S.Bais, learned Dy. Govt. Advocate for the respondent/State.

Heard on I.A. No.27550/2021, a repeat (second) application under Section 389 (1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant no.2-Akhilesh. Earlier application I.A. No.374/2019 was dismissed by this Court vide order dated 22.01.2019.

The appellant No.2-Akhilesh has been convicted under Section 8(C)/15(B) of NDPS Act and sentenced to undergo 05 years R.I. and fine of Rs.50,000/- with default stipulation, vide judgment dated 28.12.2017 passed by Special Judge (NDPS) Act, Dewas in Case (NDPS) No.01/2012.

Learned counsel for appellant submits that co-accused/appellant Praveen @ Chotelal has been enlarged on bail and his jail sentence has been suspended by order dated 04.10.2021. Appellant No.2-Akhilesh has also suffered 4 years of jail sentence out of total 05 years sentence as per jail report dated 28.12.2021 on record. It is further submitted that there are fair chances of success in the appeal

and there is no possibility of early conclusion of this appeal. Under these circumstances, counsel prays for suspension of remaining jail sentence of appellant and grant of bail.

Learned Panel Lawyer for the respondent-State opposes the application and prayed for its dismissal.

Considering the facts and circumstances of the case and the period of incarceration of the appellant for more than four years and the fact that disposal of appeal will take considerable time this Court is of the considered opinion that the application for suspension of custodial sentence moved on behalf of the appellant deserves to be allowed .

Accordingly, I.A. No.27550/2021 is allowed and it is directed that subject Signature Not VerifiedDigitally signed by SAN SUMATHI JAGADEESAN to depositing the fine amount and on furnishing personal bond by appellant in the Date: 2022.03.08 10:48:59 IST

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 her regular appearance before this Court, the execution of custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

Appellant No.2-Akhilesh after being enlarged on bail, shall mark her

presence before the Registry of this Court on 22.08.2022 and on all such subsequent dates, as may be fixed by the Registry in this regard.

List in due course.

Certified copy, as per Rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

sumathi

Signature Not Verified VerifiedDigitally Digitally signed by SAN SUMATHI JAGADEESAN Date: 2022.03.08 10:48:59 IST