Rewa vs The State Of Madhya Pradesh
2023 Latest Caselaw 3081 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                         CRA No. 1461 of 2023
                                                   (REWA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-02-2023
                                  Mr. Ashish Gupta - Advocate for the appellant.

                                  Ms. Varsha Thakur - Government Advocate for respondent/State.

Record of the Court below has been received. Heard on admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.1294 of 2023, which is an application under Section 389(1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail on behalf of appellant Rewa.

Appellant has been convicted under Section 8(c)/20(b)(ii)(b) of NDPS and has been sentenced to undergo 4 years R.I. with fine of Rs.10,000/- with usual default stipulation .

Learned counsel for the appellant submit that appellant is an innocent person and he has been falsely implicated in this matter. During the trial appellant was on bail and he has not misused the liberty granted to him. He is in

custody since 05.01.2023 i.e. the date of judgment. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection.

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 21-02-2023 11:06:54

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant was on bail during the trial; there is no complaint that he has misused the liberty granted to him and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A. No.1294 of 2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.1,50,000/- (Rupees One Lac

and Fifty Thousand Only) with two sureties, out of which one should be local, in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court on 10/08/2023 and on all such subsequent dates, which are fixed in this behalf, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

Registry is directed to list the matter for final hearing in due course. Certified copy as per rules.

(ANIL VERMA) JUDGE

Anushree

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 21-02-2023 11:06:54