Dinesh Kol vs The State Of Madhya Pradesh
2023 Latest Caselaw 12703 MP

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                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                  CRA No. 10011 of 2022
                                           (DINESH KOL 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.

Heard on I.A.No.17715 of 2023.

This is the first application seeking for suspension of sentence and bail filed on behalf of appellant - Dinesh Kol, 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 of Rs.1,00,000/- with default stipulation, 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, there are certain exceptions to the same. We do not find any of the exceptions is applicable to the applicant. 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.

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

No.17715 of 2023) filed by appellant - Dinesh Kol is allowed.

Appellant - Dinesh Kol 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.17715 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