Madhya Pradesh High Court
Upendra @ Bhupendra vs The State Of Madhya Pradesh on 2 May, 2022
Author: Satyendra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1607 of 2016
(UPENDRA @ BHUPENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 02-05-2022
Ms. Archana Maheshwari, learned counsel for the appellant No.2.
Shri Rahul Solanki, learned Public Prosecutor for the respondent -
State.
He a r d on I.A.No.28957/2021, which is second application under
Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on
behalf of appellant No.2 - Jasvinder S/o Jenrelsingh Jat.
Appellant has been convicted under Sections 8/15 and 8/18of the NDPS
Act and sentenced to suffer 10 years RI with fine of Rs.1,00,000/- and 10
years RI with fine of Rs.1,00,000/- respectively with default stipulations vide
judgment dated 07.10.2016 passed by Special Judge (NDPS Act), Shajapur in
S.S.T. No.02/2013(NDPS).
Learned counsel for the appellant submits that appellant is in custody
since the date of incident i.e. since 06.03.2013 and has suffered incarceration
of about 9 years 2 months out of total 10 years sentence awarded to him.
Learned counsel relies upon the judgment passed by the Apex Court in the
case of Mansingh vs. Union of India, 2006(1) SCC (Cri.) 279. There is no
likelihood of its final hearing in near future and therefore, prays for
suspension of sentence and grant of bail to appellant No.2 on such terms and
conditions this Court deems fit and proper.
Per contra, learned counsel for the State opposes the prayer while
supporting the impugned judgement.
Heard learned counsel for the parties and perused the record.
Appellant has already undergone more than half of the jail sentence awarded
to him and therefore, in view of the judgement delivered by the Apex Court in
Signature Not Verified
the case of Saudan Singh vs. State of U.P. in Slp. (Cri.) No.4633/2021, the
SAN
Digitally signed by GEETA PRAMOD
remaining jail sentence of the appellant may be suspended.
Date: 2022.05.04 11:23:20 IST
Having considered the rival submissions, evidence produced on record,
period of custody and also considering other facts and circumstances of the
case, this Court is of the considered view that it is a fit case for suspension of
remaining jail sentence and grant of bail to the appellant. Hence, without
expressing any opinion on merits of the matter I.A.No.28957/2021 is allowed
and remaining jail sentence of the appellant No.2 is hereby suspended.
It is directed that subject to depositing the fine amount, if already not
deposited, appellant shall be released on bail, on furnishing a personal bond
in the sum of Rs.50,000/- (Rupees Fifty thousand only) along with a solvent
surety in the like amount to the satisfaction of Trial Court, for his appearance
before the Registry of this Court firstly on 13.06.2022 and on such other dates,
as may be fixed by the Registry in this regard, till final disposal of this appeal.
I.A.No.28957/2021 stands disposed of.
List in due course.
Certified copy, as per Rules.
(SATYENDRA KUMAR SINGH)
JUDGE
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Signature Not Verified
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Digitally signed by GEETA PRAMOD
Date: 2022.05.04 11:23:20 IST
