Madhya Pradesh High Court
Pradeep vs The State Of Madhya Pradesh on 13 May, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2637 of 2022
(PRADEEP AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 13-05-2022
Shri R.S. Patel, learned counsel for the appellants.
Shri K.K.Agnihotri, learned Panel Lawyer for the respondent/State.
Trial Court record has been received.
Heard on admission.
Prima facie, this appeal seems to be arguable. Hence, admitted for final
hearing.
Heard on I.A.No. 4771/2022, application under Section 389(1) of the
Cr.P.C. for suspension of sentence and grant of bail pending the appeal.
T h e appellants have been convicted for commission of offence
punishable under Section 8/21(B) of NDPS Act, 1985 and have been sentenced
to undergo 12 months RI and fine of Rs.2,000/- with default stipulation by
Special Judge, NDPS Act, Narsinghpur vide judgement dated 02.03.2022
passed in Special (NDPS) Case No. 31/2021 (State of M.P Vs. Pradeep &
Ors.).
Learned counsel for the appellants has submitted that appellants have
been sentenced only to 12 months R.I. whereas they have already suffered more
than 06 months and 15 days in custody, there is no possibility of hearing of this
appeal in near future, therefore, if the appellants are not released on bail,
purpose of filing of this appeal would become futile. They have fair chance to
succeed in appeal. They shall abide by all the conditions whatsoever imposed
Signature Not Verified
SAN by this Court. Therefore, it has been prayed that the appellants be released on
Digitally signed by AMITABH RANJAN
Date: 2022.05.14 17:32:44 IST bail pending the appeal.
O n the other hand, learned Government Advocate has opposed the
application for grant of bail to appellant.
I have gone through impugned judgement and the finding recorded by
learned trial Court. On perusal of the trial Court record, it is revealed that
appellants were arrested on 19.02.2021 and they were released on 10.06.2021
and 29.06.2021 and thereafter, they are in custody since 02.03.2022 the date of
delivery of judgment. It is apparent that appellants have already suffered more
than half of the jail sentence awarded by the trial Court. Considering the period
of incarceration, short nature of sentence and the fact that there is no possibility
of hearing of this appeal in near future, I deem it proper to suspend the
remaining jail sentence of the appellants.
Consequently, I.A.No.4771/2022 is allowed. The execution of jail
sentence of appellants - Pradeep and Shankar is hereby suspended subject
to depositing of the fine amount, (if not already deposited). It is directed that
appellants be released on bail on their furnishing a personal bond to a sum of
Rs.50,000/- (Rupees fifty thousand only) with one solvent surety each in the
like amount to the satisfaction of the trial court with a further direction to
appear before the trial Court on 27.09.2022 and also on such other dates, as
may be fixed by that Court in this regard during the pendency of this appeal.
List this appeal for final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
Signature Not Verified
SAN Amitabh
Digitally signed by AMITABH RANJAN
Date: 2022.05.14 17:32:44 IST
