Sonu Barman vs The State Of Madhya Pradesh
2023 Latest Caselaw 10005 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 5986 of 2023
                                             (SONU BARMAN Vs THE STATE OF MADHYA PRADESH)

                         Dated : 03-07-2023
                               Shri D.K. Jain - Advocate for appellant.

                               Smt. Sunita Sood - Panel Lawyer for respondent/State.

Heard on admission.

The appeal is admitted for final hearing. Also heard on I.A No.9658/2023, which is first application under Section

389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of the appellant.

The appellant has been convicted under Section 8/20(b)(ii-b) of Narcotic Drugs and Psychotropic Substances Act and sentenced to undergo R.I. for 2 years with fine of Rs.5,000/- with default stipulation.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offence;

that he is in jail since the date of judgment; that he was on bail during trial and he did not misuse the liberty of bail granted to him. He further submits that the appellant is permanent resident of the district and there is no likelihood of hearing of appeal in near future; he is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State opposes the application Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 7/5/2023 1:15:03 PM

and prays for its rejection.

Heard learned counsel for the parties, perused the judgment and the record of the court below.

Considering the arguments advanced by learned counsel for both the parties and after perusing the record, this Court deems it appropriate to suspend the jail sentence of the appellant. Accordingly, I.A. filed on behalf of the appellant is allowed.

It is directed that subject to deposit of fine amount, if not already deposited, and on furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like

amount to the satisfaction of learned trial Court for his regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended.

The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 29.09.2023 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

rv

Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 7/5/2023 1:15:03 PM