Manohar vs The State Of M.P.
2023 Latest Caselaw 772 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                      CRA No. 11069 of 2022
                                                      (MANOHAR Vs THE STATE OF M.P.)

                           Dated : 12-01-2023
                                 Shri Omprakash Solanki - Advocate for the appellant.

                                 Shri Sudhanshu Vyas - Panel Lawyer for respondent/State.

Heard on IA No. 381/2023 which is an application for early hearing. Matter has already been taken up for consideration today, therefore, IA stands disposed off as rendered infructuous.

Also heard on admission.

Appeal is admitted for final hearing.

Record of the court below has been received in connected appeal. Also heard on I.A. No. 382/2023, which is an application under Section 389 of the Cr.P.C. for suspension of custodial sentence on behalf of appellant â€Â" Manohar Bagri.

The appellant stands convicted for the offences punishable under Section 8/20 of NDPS Act and sentenced to 3 years RI with fine of Rs. 10,000/- and with usual default stipulation.

Counsel for the appellant submits that appellant was on bail during the trial and he has not misused the liberty granted to him. Looking to old pendency of the cases for consideration, final conclusion of the case would take sufficient time. There is a strong case in favour of the appellant. In view of the statement of the witnesses, offence is not established against the appellant. he is not having any criminal past. He is in custody since 27.9.2022 i.e. after passing of judgment. The seized quantity of contraband is non commercial quantity. Hence, the execution of the remaining part of the jail sentence be Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 13-01-2023 10:25:39

suspended and appellant be enlarged on bail.

Per contra learned counsel for the State opposes the application and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation against the appellant and also taking note of the fact that appellant was on bail during the trial, there is no complaint that he has misused the liberty granted to him, final conclusion of the appeal will take long sufficient time, I find it is to be a fit case to suspend the custodial sentence of the appellant.

Accordingly, I.A. No.382/2023 is allowed and it is directed subject to deposit of fine any amount, if not already deposited, and subject to furnishing

personal bond by the appellant in the sum of Rs.1,50,000/- (One Lakh Fifty Thousand Only) with one surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court on 9/5/2023 and on all such subsequent dates, which are fixed in this behalf, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

Registry is directed to list the matter for final hearing in due course. C.C. as per rules.

(ANIL VERMA) JUDGE

BDJ

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 13-01-2023 10:25:39