Firoz Khan vs Police Staion Hoshangabad The ...
2023 Latest Caselaw 12596 MP

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      CRA No. 210 of 2014
                          (FIROZ KHAN AND OTHERS Vs POLICE STAION HOSHANGABAD THE STATE OF MADHYA PRADESH)

                         Dated : 04-08-2023
                               Shri Sachin Parmar - Advocate for the appellants.

                               Shri Puneet Shroti - Government Advocate for the respondent/State.

Heard on I.A. No.18403/2023 & 18405/2023, which are the repeat applications filed under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of bail to appellant No.2/Aman Khan and

appellant No.3/Wajid Khan respectively.

Vide the impugned judgment dated 29.11.2013 passed by the Special Judge (NDPS Act) Hoshangabad in Special Case No.14/2011, both the appellants have been convicted under Section 8/21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced thereunder to suffer R.I. for 14 years with fine of Rs.2,00,000/- each with default stipulation.

Learned counsel for the appellants submits that both the appellants have already suffered more than 12 years in incarceration and the sentence awarded to them is of 14 years. He submits that the other co-appellant namely Firoz

Khan/appellant No.3 has already been released on bail considering the custody period which he suffered i.e. 12 years and therefore, the present appellants are claiming that to maintain parity, their bail applications may also be considered and their remaining jail sentence may be suspended as the period suffered by the present appellants is more than that of co-appellant Firoz Khan.

Although, Shri Puneet Shroti, learned counsel appearing for the respondent/State has opposed the prayer of bail, but considering the fact that the case of present appellants is similar to that of Firoz Khan in respect of the Signature Not Verified Signed by: ANIL CHOUDHARY Signing time: 8/5/2023 12:05:25 PM

period of custody, to maintain parity, we are inclined to allow the applications for suspension of sentence and grant of bail. Accordingly, I.A. No.18403/2023 & 18405/2023 are allowed.

It is directed that subject to appellants' depositing entire fine amount, if not already deposited, remaining jail sentence of appellant No.2/Aman Khan and appellant No.3/Wajid Khan respectively shall remain suspended and they shall be released on bail upon their furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) each with one solvent surety each of the like amount to the satisfaction of the trial Court concerned for their appearance before the Registry of this Court on 26.10.2023 and on all such subsequent

dates as may be fixed in this regard.

Certified copy as per rules.

                            (SANJAY DWIVEDI)                                         (VISHAL DHAGAT)
                                 JUDGE                                                    JUDGE

                         ac/-




Signature Not Verified
Signed by: ANIL
CHOUDHARY
Signing time: 8/5/2023
12:05:25 PM