Yogendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 3402 MP

                                           1                                              CRA No.2262/2022



                 High Court of Madhya Pradesh, Jabalpur
                             Bench at Indore
               Criminal Appeal No.2262/2022
Indore, Dated 10.03.2022
       Shri Narayan Gurjar, learned counsel for appellant Yogendra s/o Shri

Bharat Singh Panwar.

       Shri Bhaskar Agrawal, learned Government Advocate for the

respondent / State of Madhya Pradesh, on advance notice.

Heard on IA No.3441/2022, first application under Section 389 (1) of

the Code of Criminal Procedure, 1973 for suspension of jail sentence and

grant of bail filed on behalf of the appellant.

The present appellant has been convicted and sentenced by learned

Special Judge (NDPS Act), Indore District Indore (MP) in Special Sessions

Trial No.13/2016 vide judgment dated 14.02.2022, as under: -

              Conviction                            Sentence
    Section            Act            RI       Fine amount     Imprisonment in lieu of fine
   8 (C) r / w NDPS Act      1 year        Rs.5,000/-          3 months RI
   20 (B) (II)
   (B)

The allegation against the appellant is that he was involved in the

aforesaid offence wherein from his possession a non-commercial quantity

of 1.500 kilograms of ganja has been seized.

Counsel for the appellant has submitted that the appellant was on bail

during the trial and he did not misuse the liberty so granted to him. It is

further submitted that short sentence of one year RI has been imposed on

the appellant and there are fair chances of success in the appeal and there is

no possibility of early disposal of this appeal in near future and if the

sentence is not suspended, then the present appeal filed by the appellant (s)

may turn infructuous. Under these circumstances and looking to the short

sentence imposed on the appellant, counsel for the appellant prays for

suspension of jail sentence of the appellant and grant of bail to him.

Counsel for the respondent / State of Madhya Pradesh, on the other

hand, opposed the application by submitting that no sufficient ground is

made out for releasing the appellant on bail; hence the application filed by

the appellant be dismissed.

Considering the facts and circumstances of the case and the

arguments advanced by the counsel for the parties as also looking to the

short sentence of one year RI awarded to him, this Court is of the

considered opinion that the application for suspension of custodial sentence

deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case,

IA No.3441/2022 is allowed, subject to depositing the fine amount, if any,

and it is directed that on furnishing a personal bond by the appellant in the

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 his / her

regular appearance before concerned trial Court, the execution of the

custodial part of the sentence imposed against the appellant (s) shall remain

suspended, till the final disposal of this appeal.

The appellant (s), after being enlarged on bail, shall mark his / her

presence before the concerned trial Court on 11.05.2022 and on all such

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

Let the record (physical) of the case from the concerned trial Court be

requisitioned; and list the matter on the question of admission.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.03.10 17:10:58 +05'30'