Madhya Pradesh High Court
Mehtab vs The State Of Madhya Pradesh on 19 May, 2022
Author: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Criminal Appeal No.1258/2022
(Mehtab Vs. State of M. P.)
-1-
Indore, dated 19/05/2022
Shri Apoorv Joshi, learned counsel for the appellant.
Shri Hitendra Tripathi, learned Deputy Government Advocate for
the respondent / State.
IA.No.7024/2022 is an application for urgent hearing and hearing
of the appeal during vacation. On due consideration, the same is allowed.
Heard on question of admission.
The appeal is admitted for final hearing.
Also heard on IA.No.6293/2022, which is an application filed
under section 389(1) of the Cr.P.C for grant of bail and suspension of
execution of jail sentence of the appellant Mehtab.
Learned counsel for the appellant submits that the appellant is in
custody because of his conviction under sections 8/18(B) of Narcotics
Drugs and Psychotropic Substances Act, 1985 and sentence to undergo
four years RI with fine of Rs.20,000/. He is in custody since the date of
judgment i.e. 08/01/2022. During trial, he was remained on bail and he
has not misused the liberty granted to him. There is strong case in favour
of the appellant. Final conclusion of present appeal is likely to take long
time. Under these circumstances, he prays for grant of bail and
suspension of execution of remaining jail sentence of the appellant till
disposal of present appeal.
Per-contra, learned PL opposes the application and prays for its
rejection. However, he fairly admitted that no criminal antecedent has
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Criminal Appeal No.1258/2022
(Mehtab Vs. State of M. P.)
been found against the appellant.
After considering the submissions made by learned counsel for
the parties, nature of the allegation against the appellant, looking to the
facts and circumstances of the case as also taking note of the fact that the
appellant was remained on bail during trial and has not misused such
liberty; the seized quantity of the contraband is below the commercial
quantity; he has no criminal background and final conclusion of appeal is
likely to take long sufficient time, I deem it proper to suspend the
remaining jail sentence of the appellant.
Accordingly, I.A.No.6293/2022 is allowed and the execution of
jail sentence of the appellant is hereby suspended and it is ordered that he
be released on bail on his depositing the fine amount and furnishing a
personal bond for a sum of Rs.1,50,000/- (Rupees One Lac Fifty
Thousand) with one solvent surety of the like amount to the satisfaction
of the trial Court with a further direction to appear before the Registry of
this Court on 11/10/2022 and also on such other dates, as may be fixed
by the Registry of this Court in this regard during the pendency of this
appeal.
List the matter for final hearing in due course.
Certified copy as per rules.
(ANIL VERMA)
VACATION JUDGE
Tej
Digitally signed by
TEJPRAKASH VYAS
Date: 2022.05.19
18:07:50 +05'30'
