Bablu @ Mukhtyar Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 15100 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                         CRA No. 10448 of 2022
                                            (BABLU @ MUKHTYAR KHAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-11-2022
                                 Mr. Dilip Kumar Pathak, learned counsel for the appellant.

                                 Mr. Anil Shukla, learned Public Prosecutor for the respondent - State.

Admit.

Record of the Court below be called.

Heard o n I.A. No. 17491 of 2022, first application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 31.10.2022 passed by Special Judge (N.D.P.S. Act), Gwalior (M.P.) in Special Case. No. SC NDPS 59/2021, whereby the appellant has been convicted under Section 8 (C) read with 21 (B) of NDPS Act and sentenced to undergo rigorous imprisonment of 3 years with fine of Rs.5000/-, with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. He further submits that the appellant has already suffered more than 15 months of incarceration out of total jail sentence of three years. Present criminal appeal is

likely to take long time to conclude. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments rendered by learned counsel for the appellant Signature Not Verified Signed by: ALOK KUMAR Signing time: 18-Nov-22 10:05:27 AM

as well as facts and circumstances of the case, without commenting on merits of the case, I.A.No. 17491 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. Appellant is further directed to mark his appearance before the Office of this Court on 05.1.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 18-Nov-22 10:05:27 AM