Ajit Kumar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 12702 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    CRA No. 10364 of 2022
                                          (AJIT KUMAR SINGH Vs THE STATE OF MADHYA PRADESH)

                         Dated : 07-08-2023
                               Shri Brijesh K.Mishra - Advocate for appellant.

                               Shri A.N.Gupta - Government Advocate for respondent/State.

There is a delay of one day in filing the appeal. For the reasons assigned, I.A.No.21734 of 2022 which is an application for condonation of delay is allowed. Delay in filing the appeal is condoned.

Admit.

Call for records.

Heard on I.A.No.17714 of 2023 - an application for suspension of sentence.

This is the first application seeking for suspension of sentence and bail filed on behalf of appellant - Ajit Kumar Singh, who has been convicted under Section 20(B)(ii)(c) of N.D.P.S. Act and sentenced to R.I. for 12 years and fine o f Rs.1,00,000/- with default stipulations, as mentioned in the impugned judgment.

Learned counsel for the appellant contends that the appellant has been in custody since about 7 years as on date. The period of detention is not disputed by the State. However, the State submits that the manner in which the offence has been committed, does not entitle him for grant of bail.

The Hon'ble Supreme Court vide order dated 05.10.2021 passed in SLP (Criminal) No.4633 of 2021 (Saudan Singh vs. The State of U.P. and others) has come to the view that the period of custody is one of the grounds to be taken into consideration while considering the application for bail, however, Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 8/8/2023 11:51:52 AM

there are certain exceptions to the same. We do not find any of the exceptions is applicable to the appellant. Since he has already undergone a period of more than 7 years, we deem it just and necessary to enlarge him on bail on that ground. Consequently, the application (I.A. No.17714 of 2023) filed by appellant - Ajit Kumar Singh is allowed.

Appellant - Ajit Kumar Singh is enlarged on bail subject to deposit of the fine amount and on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial Court/concerned Court on 14.11.2023 and thereafter on such other subsequent

dates as may be fixed in that behalf.

I.A. No.17714 of 2023 is disposed off.

                              (RAVI MALIMATH)                                      (VISHAL MISHRA)
                                CHIEF JUSTICE                                           JUDGE

                         AM




Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 8/8/2023
11:51:52 AM