Nasir Ali vs The State Of Madhya Pradesh
2023 Latest Caselaw 5757 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 4358 of 2023 (NASIR ALI Vs THE STATE OF MADHYA PRADESH)

Dated : 10-04-2023 Shri Saddam Patel, learned counsel for the appellant.

Ms. Varsha Thakur GA appearing on behalf of Advocate General.

Heard on admission.

The appeal is admitted for final hearing. Heard on I.A.No.4341/2023, which is an application filed under Section

389(1) of the Cr.P.C. for suspension of jail sentence of the sole appellant.

The appellant has been convicted vide judgment dated 15.03.2023 passed in S.T.No.02/2017 by Special Judge (NDPS Act), Shajapur and sentenced him under Section 8/20(b)(ii)(a) of NDPS Act. and sentenced for one year R.I. with fine of Rs.5,000/- with default stipulation. It is further submitted that the appellant is in custody since 15.03.2023 i.e, the date of judgment. There is strong case in favour of the appellant, the appellant was on bail during trial and has not misused the liberty so granted to him. 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 Govt. Advocate opposes the application and prays for its rejection. However, he fairly admitted that no criminal antecedent has 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 and the appellant was on bail during trial and has not Signature Not Verified Signed by: AMIT KUMAR Signing time: 4/10/2023 6:48:49 PM

misused the liberty and is having 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.4341/2023 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 Only) 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 17.10.2023 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.

Record from the trial Court be requisitioned. List the matter for final hearing in due course. Certified copy as per rules.

(ANIL VERMA) JUDGE

amit

Signature Not Verified Signed by: AMIT KUMAR Signing time: 4/10/2023 6:48:49 PM