Prem Narayan @ Bachchu Kourav vs The State Of Madhya Pradesh
2023 Latest Caselaw 20937 MP

Madhya Pradesh High Court

Prem Narayan @ Bachchu Kourav vs The State Of Madhya Pradesh on 11 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 14602 of 2023
                                     (PREM NARAYAN @ BACHCHU KOURAV Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-12-2023
                                 Shri Ajay Kumar Jain - Advocate for appellant.

                                 Shri Y. Dwivedi - Panel Lawyer for respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.27635/2023 this is first application for

suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Prem Narayan @ Bachchu Kourav.

The appellant has been convicted vide judgment dated 07.11.2023 passed by Special Judge (NDPS Act), Narsinghpur in S.C. No.33/2020 and appellant has been convicted for offence punishable under Section 8 r/w 20(b)(ii)(B) of NDPS Act and sentenced to undergo RI for 03 years with fine of Rs.5000/- with usual default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed

grave error in convicting the appellant for aforesaid offence. During trial, the appellant was on bail but he has not misused the liberty granted by the Court. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

On the other hand, learned Panel Lawyer for respondent/State opposed

the application and prays for its rejection.

Looking to the aforesaid facts and circumstances of the case and the submissions advanced by the counsel for the appellant as well as according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed agains t appellant-Prem Narayan @ Bachchu Kourav s h a ll remain suspended during the pendency of this appeal and entire fine amount, if already not deposited and upon her furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety in like amount to the satisfaction of the trial Court for securing her presence before

the trial Court on 24/01/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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