Mohd. Abid vs The State Of Madhya Pradesh
2023 Latest Caselaw 893 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 11110 of 2022
                                              (MOHD. ABID Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-01-2023
                                Shri Nishant Agrawal - Advocate for the appellant.

                                Shri Dinesh Patel - Panel Lawyer for the respondent/State.

Heard on the question of admission.

Admit.

Also heard on I.A.No.22700/2022 which is first application under Section

389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant Mohd. Abid.

The appellant has been convicted for offence under Section 8(C) read with Section 20(b)(ii)(b) of the NDPS Act and sentenced to undergo 02 years R.I. with fine of Rs.7,000/- with default stipulation vide judgment dated 22.11.2022 passed in SC(NDPS) 36/2016 by learned Special Judge (NDPS), Bhopal.

Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the alleged offence. It is also submitted that

there is material contradictions and omissions in the statements of the prosecution witnesses and the learned trial Court has convicted the appellant without considering the same. It is further submitted that there is non- compliance of Section 42, 50, 52 and 57 of the NDPS Act. It is further submitted that the appellant has been awarded 02 year of jail sentence out of which the appellant has already been completed more than 07 months of his jail sentence. He further submitted that final hearing of this appeal is likely to take sufficient long time. It is further submitted that applicant has no criminal Signature Not Verified Signed by: AMITABH RANJAN Signing time: 1/18/2023 11:45:17 AM

antecedent. Under these circumstances, learned counsel prays that the application for suspension of sentence of the appellant be allowed.

Learned counsel for the respondent/State on the other hand has opposed the application and prays for suspension of sentence and prays for its rejection.

Considering the facts and circumstances of the case, the arguments advanced by learned counsel for the parties as also on perusal of record, this Court is of the considered opinion that the application for suspension of jail sentence filed on behalf of the appellant deserves to be allowed.

Accordingly, aforesaid I.A. is allowed and it is directed that subject to depositing the fine amount and on furnishing personal bond in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, the execution of jail sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal for his appearance before the Registry of this Court on 15.03.2023 and thereafter on all such subsequent dates, as may be fixed by the Registry in this regard.

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

(RAJENDRA KUMAR (VERMA)) JUDGE

Amitabh

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 1/18/2023 11:45:17 AM