Amar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 1420 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3284 of 2022 (AMAR SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 24-01-2023 Shri Chandrashekhar Patel - Advocate with Shri Sandeep Kumar Jain

- Advocate for the appellant.

Shri K.S. Patel - Panel Lawyer for the State.

Heard on question of admission.

The appeal is admitted for hearing.

Also heard on I.A.No.21134/2022, which is first application filed on behalf of the appellant No.1-Amar Singh for suspension of sentence and grant of bail.

T h e appellant No.1 has been convicted by the impugned judgment passed by the trial Court for offence punishable under Section 8 (C) read with Section 20 (b) (II) (B) of the NDPS Act, 1985 and has been sentenced to undergo R.I. for 5 years with fine of Rs.50,000/- with default stipulation.

Learned counsel for the appellant No.1 has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on

record and committed error in convicting the appellant for aforesaid offences. There are material contradictions and omission in the testimonies of the witnesses. He further submits that appellant is innocent and has falsely been implicated in the case. It is further submitted that jail sentence of co-accused Sunil Sahu has already been suspended by this Court vide order dated 31.10.2022 in Criminal Appeal No.2507/2022. Case of the present appellant is Signature Not Verified SAN

similar to him. It is further submitted that the appellant is in custody and Digitally signed by NITESH PANDEY Date: 2023.01.25 17:17:07 IST

disposal of this appeal would take considerable time, therefore, the custodial

sentence of the appellant No.1 may be suspended and he may be released on bail on the ground of parity.

Learned Panel Lawyer has opposed the prayer for bail. I have heard learned counsel for the parties. Looking to the overall facts and circumstances of the case and maintaining parity with co-accused Sunil Sahu, without commenting on the merit of the case, the application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of

the trial Court concerned, the custodial sentence of appellant No.1-Amar Singh shall remain suspended and he shall be released on bail for securing his presence before the trial Court on 11.7.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant shall regularly appear before the trial Court, on each and every date, without fail.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

Nitesh

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2023.01.25 17:17:07 IST