Madanlal vs The State Of Madhya Pradesh
2023 Latest Caselaw 774 MP

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                            IN THE HIGH COURT OF MADHYA PRADESH
                                          AT INDORE
                                           CRA No. 11957 of 2022
                              (MADANLAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

             Dated : 12-01-2023
                      Shri Rishiraj Trivedi - Advocate for the appellant.

                      Shri Kapil Mahant - Pl for the respondent/State.

Record of the trial Court has been received.

Heard on the question of admission.

Present appeal is admitted for final hearing.

Heard on IA No.16242/2022 which is an application filed under Section 389 of the Cr.P.C for grant of bail and suspension of execution of jail sentence of the appellants Madanlal and Jitendra Singh.

Appellants have been convicted vide judgement dated 29.11.2022 passed in SC NDPS-200013/2013 by 5th Additional Sessions Judge/Special Judge, NDPS Act, District Mandsaur under Section 15(B) of NDPS Act and sentenced to undergo four years RI with fine of Rs.10,000/ with default stipulation.

Learned counsel for the appellants submits that the appellants are innocent person and they have been falsely implicated in this matter. They are in

custody since the date of judgment i.e., 29.11.2022. During trial, they were remained on bail and they have not misused the liberty granted to them. There is a strong case in favour of the appellants. Final conclusion of present appeal is likely to take long time. Under these circumstances, they prayer is made for grant of bail and suspension of execution of remaining jail sentence of the appellants, till disposal of present appeal. Signature Not Verified Signed by: SHRUTI JHA Per-contra, learned PL opposes the application and prays for its Signing time: 1/13/2023 11:12:34 AM 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 on bail during trial and not misused such liberty; 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 and they have already suffered jail incarceration for more than 06 months; I deem it proper to suspend the remaining jail sentence of the appellants.

Accordingly, I.A. no.16242/2022 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 and if not already deposited on furnishing a personal bond for a sum of Rs.1,50,000/- (Rs. One Lac Fifty Thousand) 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 10.05.2023 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. Certified copy as per rules.

(ANIL VERMA) JUDGE

Shruti

Signature Not Verified Signed by: SHRUTI JHA Signing time: 1/13/2023 11:12:34 AM