Nathulal vs Central Narcotics Bureau Through ...
2023 Latest Caselaw 2005 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRA No. 2931 of 2019
                               (NATHULAL AND OTHERS Vs CENTRAL NARCOTICS BUREAU THROUGH YOGESH NANDWAL)

                           Dated : 03-02-2023
                                  Ms. Shraddha Dixit, learned counsel for the appellants.

                                  Shri Manoj Kumar Soni, learned counsel for the respondent.

Heard on IA No.15790/2022, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant no.2-Hemraj.

This appeal is filed by the appellants being aggrieved by the judgment dated 05.03.2019 passed by learned Special Judge (NDPS), Jawad, district Neemuch in Special Case No.70/2017 whereby the appellant has been convicted for the offence under Sections 8/18(B) of the NDPS Act and sentenced to undergo R.I. for 10 years with fine of Rs.1,00,000/- with default stipulation.

Learned counsel for the appellant submits that out of 10 years of sentence, he has undergone 8 years of sentence. This appeal is of the year 2019 and is not likely to come up for final hearing in near future. Hence, prays for suspension of sentence and grant of bail to the appellant.

Learned Government Advocate opposes the application and prays for its rejection.

Considering the facts and circumstances of the case and the arguments advanced by the counsel for the parties, period of custody and there is no likelihood of early hearing of this appeal in near future, t h e application (I.A.No.15790/2022) is allowed.

It is directed that the jail sentence of the appellant no.2-Hemraj shall remain suspended and he be released on bail upon his depositing the fine Signature Not Verified Signed by: REENA JOSEPH Signing time: 03-02-2023 17:17:18

amount (if not already deposited) and also upon furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 15.06.2023 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Accordingly, I.A.No.16002/2022 and I.A.No.15790/2022 stand disposed off.

(VIVEK RUSIA) JUDGE RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 03-02-2023 17:17:18