Kushal Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 2094 MP

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                                              IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT INDORE
                                                              CRA No. 6036 of 2022
                                                     (KUSHAL SINGH Vs THE STATE OF MADHYA PRADESH)



                                  Dated : 06-02-2023
                                        Shri Nilesh Dave, counsel for the appellant.

                                        Shri Tarun Pagare, P.L. for State.

                                         Heard on I.A.No. 1555 of 2023 which is second application under section

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

                                  appellant-Kushal Singh.

                                          Appellant has been convicted by the trial court under Section 8/15(B) of

                                  NDPS Act and sentenced to undergo 04 years RI with fine of Rs.20,000/- with

                                  default stipulation vide judgment dated 9.07.2022 passed by Addl.Special Judge,

                                  NDPS Act, Garonth in SCNDPS No.4/2018.

                                            The earlier application for suspension of sentence was dismissed as

                                  withdrawn with liberty to renew the prayer after 4 months.

                                         Counsel for the appellant submits that appellant has already undergone jail

                                  sentence of about 9 months. It is alleged that from the joint possession of

                                  appellant and co-accused, 35 kg. Poppystraw was seized, which is less than the

                                  commercial quantity. It is submited that no minimum jail sentence is prescribed for

                                  the offence for which the appellant has been convicted. The 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 Govt. Advocate for the respondent/State opposes the prayer.

Taking into consideration that alleged seized quanity of contraband is less

than the commercial quantity and appellant is in jail for about 9 months and no Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 06-Feb-23 6:21:05 PM

minimum setence is prescribed for the offence and 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 I.A.No.1555/2023 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, the appellant shall be released on bail, on furnishing a personal bond in

the sum of Rs.1,00,000/- (Rupees One Lac 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: 06-Feb-23 6:21:05 PM