Lal @ Shakir vs The State Of Madhya Pradesh
2023 Latest Caselaw 2878 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                          CRA No. 9638 of 2022
                                            (LAL @ SHAKIR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                            Dated : 16-02-2023
                                   Shri Daya Ram Sharma and Shri Arjun Sharma learned counsel for the

                            petitioners.
                                   Shri G.P.Chaurasia, learned Public Prosecutor for the respondent/State.

Heard on (I.A. No. 3303/2023), first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.2- Aashiq Khan.

This criminal appeal has been filed against the judgment dated 29.09.2022 passed in SC NDPS 05/2017 by Special Judge (NDPS Act) Gwalior whereby appellant has been convicted and sentenced under Section 8,20 (kha) (ii) of NDPS Act for five years RI with fine of Rs.5000/- with default stipulation.

It is submitted by counsel for the appellant that the appellant was on bail during trial and he did not misuse the liberty granted to him. Fine amount has already been deposited by the appellant. He has suffered sufficient incarceration of jail sentence. Appeal is of the year 2022 which may take long time for it's conclusion. Under these circumstances, the execution of sentence be

suspended and the appellant be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible,(I.A. No. 3303/2023) is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 2/16/2023 5:36:09 PM

not already deposited, and furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 17th July, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to his shall remain suspended till further orders and he shall be released on bail.

Application (I.A. No. 3303/2023) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 2/16/2023 5:36:09 PM