Pannalal vs The State Of Madhya Pradesh
2023 Latest Caselaw 5556 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                            CRA No. 4502 of 2023
                     (PANNALAL Vs THE STATE OF MADHYA PRADESH)

Dated : 05-04-2023
      Shri Santosh Kumar Meena, learned counsel for the appllant.

      Ms. Varsha Thakur, Government Advocate appearing on behalf of
Advocate General.

      Heard on I.A.No.4500/2023, which is first application under Section
389 of Cr.P.C. for grant of bail and suspension of remaining jail sentence on

behalf of the appellant Pannalal.
      Appellant stands convicted vide judgment dated 23.03.2023 passed
in S.C.NDPS No. 41/2017 by the learned Special Judge NDPS, Neemuch,
District Neemuch under Section 25 of the NDPS Act and has been sentenced to
undergo 03 years RI with fine of Rs. 30,000/- with usual default stipulation.
      Learned counsel for the appellant submits that appellant is an
innocent person and he has been falsely implicated in this matter. During
the trial appellant was on bail and he has not misused the liberty granted to him.
Looking to old pendency of the cases for consideration, final conclusion of this

appeal would take sufficient long time. There is a strong case in favour of the
appellant. Hence, the execution of the remaining part of the jail sentence of the
appellant be suspended till the final disposal of this appeal.
      Per contra, learned counsel for the respondent / State opposes the

application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant was on bail during the trial; there is no complaint that he has

misused the liberty granted to him and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I find it to be a fit case to suspend the remaining custodial sentence of the appellant. Accordingly, I.A.No. 4500/2023 is allowed and it is directed that subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) with separate solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal and he shall be released

on bail. The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 10.09.2023 and on all such subsequent dates, which are fixed in this behalf.

Let record of the trial Court be requisitioned. Certified copy as per rules.

(ANIL VERMA) JUDGE vidya SREEVIDYA 2023.04.06 11:34:19 +05'30'