Kallu @ Udaybhan Verma vs The State Of Madhya Pradesh
2023 Latest Caselaw 22254 MP

Citation : 2023 Latest Caselaw 22254 MP
Judgement Date : 22 December, 2023

Madhya Pradesh High Court

Kallu @ Udaybhan Verma vs The State Of Madhya Pradesh on 22 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 12263 of 2022 (KALLU @ UDAYBHAN VERMA Vs THE STATE OF MADHYA PRADESH)

Dated : 22-12-2023 Shri Shishir Verma - Advocate for the appellant.

Shri D.K.Shrivastava - Government Advocate for the State.

Heard on admission.

Appeal seems to be arguable, hence, admitted for hearing. Also heard on IA No.24491/2022, which is first application under

Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant.

Appellant has been convicted and sentenced as mentioned in the impugned judgment dated 08.12.2022 passed in SC NDPS No.300013/2015 by Special Judge, NDPS, Satna.

It is submitted by the counsel for the appellant that the appellant has been falsely implicated in the case. He has a good case on merits and hope to succeed in the appeal. He is in jail since from the date of impugned judgment. 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 appeal is of the year 2022 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.24491/2022 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) 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 27.02.2024 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE