Ramesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 171 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 8782 of 2022
                                           (RAMESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-01-2023
                                  Shri Akhilesh Kumar Saxena - Advocate for the appellant.

                                  Shri Sudhanshu Vyas - Panel Lawyer for the respondent/ State.

Heard on admission.

Present appeal is admitted for final hearing. Also heard on IA No.13327 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 appellants - Ramesh and Bhagwansingh.

Learned counsel for the appellants submits that the appellants are in custody because of their conviction under Section 8(C)/15(B) of NDPS Act and sentence to undergo three years RI with fine of Rs.10,000/- with default stipulation. They are in custody since the date of judgment i.e. 13/09/2022. During trial, they were remained on bail and they have not misused the liberty granted to them. There is strong case in favour of the appellants. 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 appellants till disposal of present appeal.

Per-contra, learned PL 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 appellants, looking to the facts and circumstances of the case as also taking note of the fact that the appellants were remained on bail during trial and have not misused the liberty granted to them; Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 04-01-2023 10:23:38

the seized quantity of the contraband is below the commercial quantity; they have no criminal background and final conclusion of appeal is likely to take long sufficient time. Hence, I deem it proper to suspend the remaining jail sentence of the appellants.

Accordingly, I.A. no. 13327 of 2022 is allowed and the execution of jail sentence of the appellants is hereby suspended and it is ordered that they be released on bail on their depositing the fine amount (if not already deposited) and on furnishing a personal bond for a sum of Rs.1,50,000/- (Rupees One Lac Fifty Thousand) each with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the

Registry of this Court on 28/04/2023 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.

I.A. No.16975 of 2022 which is an application for early hearing during vacation also stands disposed off.

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

(ANIL VERMA) JUDGE

Anushree

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 04-01-2023 10:23:38