Lal @ Shakir vs The State Of Madhya Pradesh
2023 Latest Caselaw 1664 MP

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 : 30-01-2023 Shri Arjun Sharma, learned counsel for appellants.

Shri Pramod Pachori, learned Public Prosecutor for State. Heard on I.A.No.16928/2022, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.3- Saraswati.

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 she did not misuse the liberty granted to her. Fine amount has already been deposited by the appellant.During trial appellant remained in jail for 23 days and thereafter since the date of judgment, she is in jail. 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.16928/2022 is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 30-Jan-23 6:38:26 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 her 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 her shall remain suspended till further orders and she shall be released on bail.

Application (I.A. No16928/2022) 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

ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 30-Jan-23 6:38:26 PM