Mukesh Bavri vs The State Of Madhya Pradesh
2023 Latest Caselaw 168 MP

                                                  1
                           IN THE HIGH COURT OF MADHYA PRADESH
                                         AT INDORE
                                            CRA No. 2082 of 2022
                                  (MUKESH BAVRI Vs THE STATE OF MADHYA PRADESH)

              Dated : 03-01-2023
                      Shri Nilesh Dave - Advocate for the appellant.

                      Shri Hemant Sharma - Government Advocate for the respondent/State.

Heard on admission.

Present appeal is admitted for hearing.

Also heard on IA No.11115 of 2022, which is an application filed under section 389(1) of the Cr.P.C for grant of bail and suspension of execution of

jail sentence of the appellant Mukesh Bavri.

Learned counsel for the appellant submits that the appellant is in custody because of his conviction under sections 8/15(b) of NDPS Act and sentence to undergo four years RI with fine of Rs.10,000/. He is in custody since the date of judgment i.e. 22/2/2022. During trial, he was remained on bail and he has not misused the liberty granted to him. There is strong case in favour of the appellant. Final conclusion of present appeal is likely to take long time. Under these circumstances, he prays for grant of bail and suspension of execution of remaining jail sentence of the appellant till disposal of present appeal.

Per-contra, learned GA opposes the application and prays for its rejection.

After considering the submissions made by learned counsel for the parties, nature of the allegation against the appellant, looking to the facts and circumstances of the case as also taking note of the fact that the appellant was Signature Notremained Verified on bail during trial and not misused such liberty; the seized quantity of Signed by: TRILOK SINGH SAVNER the contraband is below the commercial quantity; he has no criminal Signing time: 04-Jan-23 10:44:44 AM

background and final conclusion of appeal is likely to take long sufficient time, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, IA No.11115 of 2022 is allowed and the execution of jail sentence of the appellant is hereby suspended and it is ordered that he be released on bail on his depositing the fine amount and furnishing a personal bond for a sum of Rs.1,50,000/- (Rs. One Lac Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the Registry of this Court on 13/2/2023 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course. C.C. as per rules.

(ANIL VERMA) JUDGE

trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 04-Jan-23 10:44:44 AM