Sushila Bai vs The State Of Madhya Pradesh
2023 Latest Caselaw 14248 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 2061 of 2023 (SUSHILA BAI Vs THE STATE OF MADHYA PRADESH)

Dated : 29-08-2023 Shri Pankaj Vishwakarma, learned counsel for the appellant.

Shri Kushal Goyal, Dy. AG for the State.

Heard on I.A. No.6457/2023 which is an application under Section 389(1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail on behalf of the appellant.

(2) The appellant has been convicted for the offence punishable under Section 8/15(C) of NDPS Act and sentenced to undergo 10 years R.I with fine of Rs.1,00,000/- with default stipulation vide judgment dated 30.12.2022 passed in Special (NDPS) Case No.11/2019.

(3) As per prosecution story, on the information of informant, police apprehended the appellant and co-accused Paari Bai and seized 11 Kg. 100 grams and 70 Kg. 560 grams poppy straw respectively from their possession.

Learned counsel for the appellant submits that the appellant has fair chances of success in this appeal. The present appellant has falsely been

implicated in this case. The appellant has already undergone 50% of the jail sentence. This appeal is of the year 2023 and there is no likelihood of its final hearing in near future. He, therefore, prays for grant of suspension and to release appellant on bail.

(5) Government Advocate opposes the application and prays for its rejection.

(6) Looking to the facts and circumstances of the case, period of custody of the appellant and there is no likelihood of early hearing of this appeal Signature Not Verified Signed by: VARSHA SINGH Signing time: 31-08-2023 18:49:35

in near future, the application (I.A. No.6457/2023) is allowed.

(7) It is directed that the jail sentence of the appellant shall remain suspended and she be released on bail upon her depositing the fine amount (if not already deposited) and also upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for her appearance before the concerned trial Court on 08.01.2024 and on such further dates as may be fixed in this behalf by the concerned trial Court during the pendency of this appeal.

I.A. No.6457/2023 stands closed.

This is an admitted appeal, so list it for final hearing in due course.

Certified copy as per rules.

(VIVEK RUSIA) JUDGE

VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 31-08-2023 18:49:35