Aashiq Ahmed @ Ashiq Hussain vs The State Of Madhya Pradesh
2022 Latest Caselaw 7048 MP

                                              1                                              CRA No.3473/2022



               High Court of Madhya Pradesh, Jabalpur
                           Bench at Indore
            Criminal Appeal No.3473/2022
Indore, Dated 10.05.2022
        Shri Maqbool Ahmed Mansoori, learned counsel for
appellant Aashiq Ahmed @ Aashiq Hussain s/o Shri Khurshid
Ahmed.
        Shri Koustubh Pathak, learned Government Advocate for the
respondent / State of Madhya Pradesh, on advance notice.

Heard on the question of admission.

Criminal Appeal filed under Section 374 (2) of the Code of Criminal Procedure, 1973 is admitted for final hearing.

Also heard on IA No.5372/2022, 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), Jaora District Ratlam (MP) in Special Sessions Trial / SC NDPS No.06/2014 vide judgment dated 11.03.2022, as under: -

                Conviction                             Sentence
     Section             Act             RI       Fine amount     Imprisonment in lieu of fine
   15 (b)       NDPS Act       3 years        Rs.20,000/-         1 year RI

The allegation against the appellant is that he was involved in the aforesaid offence wherein from his possession a quantity of 9.800 kilograms of poppy straw 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 three years 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 three years 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.5372/2022 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 11.08.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.05.10 17:46:29 +05'30'