Akash vs The State Of Madhya Pradesh
2023 Latest Caselaw 1912 MP

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                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT INDORE
                                                                CRA No. 12644 of 2022
                                                         (AKASH Vs THE STATE OF MADHYA PRADESH)



                                  Dated : 02-02-2023

                                    Shri A.K.Saraswat, counsel for the appellant.

                                    Shri Tarun Pagare, P.L. for State.


                                        Heard on I.A.No. 17057 of 2022 which is application under section 389

                                  Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant

                                  Akash.

                                        Appellant has been convicted under Section 8/15B of NDPS Act               and

                                  sentenced to undergo 03 years RI with fine of Rs.30,000/- with default stipulation

                                  vide judgment dated 26.12.2022 passed by Special Judge, NDPS Act, Neemuch

                                  in Spl case No.56/2017.

                                        It is alleged that from the possession of appellant, 21 kg. and 500 grams

                                  Poppystraw was seized

                                        Learned counsel for the appellant submits that said seized quantity of

                                  contraband is non-commercial quantity. Appellant was on bail during trial and he

                                  did not misuse the liberty.    There is no likelihood of early hearing of appeal in

                                  near future. Hence, it is prayed that application for suspension of sentence be

                                  allowed.

                                    Learned P.L. for the respondent/State opposes the prayer.

Taking into consideration that appellant was on bail during trial and he did not

misuse the liberty, the seized quantity of contraband is non-commercial quantity

and final hearing of the appeal is likely to take time, this Court is of the

considered view that it is a fit case for suspension of the sentence and grant of bail

to the appellant. Hence, without expressing any opinion on merits of the matter Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 02-Feb-23 6:22:57 PM

I.A.No.17057/2022 is allowed and jail sentence of the appellant shall remain

suspended.

It is directed that subject to depositing the fine amount, if already not

deposited, appellant shall be released on bail, on furnishing a personal bond in the

sum of Rs.50,000/- (Rupees Fifty thousand only) alongwith a solvent surety in

the like amount to the satisfaction of Trial Court, for his appearance before the

Registry of this Court firstly on 11.07.2023 and on such other dates, as may be

fixed by the Registry in this regard, till final disposal of this appeal.

Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 02-Feb-23 6:22:57 PM