Kundan Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 12743 MP

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                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                    CRA No. 1245 of 2021
                                                        (KUNDAN SINGH Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 22-09-2022
                                          Mr. A. Usmani, learned counsel for the appellant.

                                          Mr. Satyapal Chadar, learned Panel Lawyer for the respondent/State.

Heard on I.A. No.15918 of 2021, which is first application filed by the appellant under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.

The appellant has been convicted by the impugned judgment passed by the trial

Court for offence punishable under Section 8 (B) read with Section 18 (C) of the NDPS Act, 1985 and sentenced to undergo RI for 10 years with fine of Rs.1,00,000/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has not appreciated the evidence on record in proper perspective and hence arrived at erroneous findings. There are material contradiction and omission in the testimonies of the witnesses. The appellant is in custody since 28.03.2019 and the final disposal of this appeal would take considerable time, therefore, the jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer for the State has opposed the application for suspension

of sentence and grant of bail.

Heard learned counsel for the parties and perused the record. The appellant is in custody since 28.03.2019. He is aged about 74 years. Hence, having heard learned counsel for the parties, looking to the nature of offence and the fact that disposal of this appeal would take considerable time, without commenting on merits of the case, I deem it appropriate to suspend the jail sentence of the appellant and to release him on bail. Therefore, without commenting on the merits of the case, this application is Signature Not Verified SAN

allowed.

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.09.23 17:27:53 IST It is directed that execution of remaining jail sentence of the appellant- Kundan

Singh shall remain suspended and he shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with a surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the concerned trial Court on 22.02.2023 and on such other dates as may be fixed in this regard during pendency of this appeal. The appellant shall deposit the fine amount first thereafter she shall be released on bail.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.09.23 17:27:53 IST