Yogesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 21797 MP

Madhya Pradesh High Court

Yogesh vs The State Of Madhya Pradesh on 19 December, 2023

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 1529 of 2022
                                                (YOGESH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-12-2023
                                 Shri M.K. Tripathi - Advocate for appellant.

                                 Smt. Tulsa Koshtha - Panel Lawyer for respondent/State.

Heard on admission.

Appeal seems to be arguable, hence, admitted for hearing. Also heard on IA No. 25202/2023, which is third application under

Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant. First application was dismissed as withdrawn vide order dated 18/07/2022 and second application was dismissed on merits vide order dated 6/02/2023.

Appellant has been convicted u/s 8 read with section 20(b)(ii)(b) of NDPS Act and sentenced to suffer five years R.I. and fine amount of Rs.25,000/- vide the impugned judgment dated 29/01/2022 passed in Special Case (NDPS) No. 2/2018 by Special Judge (NDPS), Burhanpur.

It is submitted by the counsel for the appellant that now appellant has

served half of the jail sentence and fine amount has been deposited by him. It is further submitted that appeal is of the year 2022 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentence of the appellant may be suspended.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case and the fact that now appellant has served half of the jail sentence and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of

the matter, appellants is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No. 25202/2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 24.01.2024 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(PRAMOD KUMAR AGRAWAL) JUDGE

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