Shailendra Singh Soni @ Shappu vs The State Of Madhya Pradesh
2023 Latest Caselaw 338 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 729 of 2020
                               (SHAILENDRA SINGH SONI @ SHAPPU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 05-01-2023
                                Shri C.S. Patel - Advocate and Shri Sandeep Kumar Jain - Advocate

                          for the appellants.
                                Shri Amit Kumar Pandey - Panel Lawyer for the respondent-State.

Heard I.A. No.23299/2022, which is third application filed under Section 389(1) of the Code of Criminal Procedure on behalf of appellant No.2

Jay Masih for suspension of sentence and grant of bail.

This appeal is against the judgment dated 24.12.2019 whereby the trial Court convicted the appellant under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to suffer R.I. for 10 years with a fine of rupees one lac, with default stipulation.

Learned counsel for the appellant No.2 submits that the appellant is ready to deposit the fine amount and that he has completed more than half of jail sentence and also the appeal being of 2020, will take time for its conclusion, therefore, this application may be allowed.

In contrast, learned counsel for the State opposes the application and prays for its rejection focusing on the quantity of contraband seized.

Considering the fact that appellant No.2 has already suffered more than half of sentence awarded and the fact that the final hearing of appeal would take time, I am inclined to enlarge him on bail. Therefore, without commenting anything on the merits, I.A. No.23299/2022 is allowed.

It is directed that on appellant No.2's depositing the entire fine amount as also furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Signature Not Verified Signed by: SUDESH KUMAR SHUKLA Signing time: 1/5/2023 5:33:51 PM

Lakh) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 05.04.2023 and on all such subsequent dates as may be fixed in this regard, remaining jail sentence shall remain suspended and he shall be released on bail, if not required to be detained in any other case.

I.A. No.23299/2022 stands disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

Sudesh

Signature Not Verified Signed by: SUDESH KUMAR SHUKLA Signing time: 1/5/2023 5:33:51 PM