Makbul vs The State Of Madhya Pradesh
2023 Latest Caselaw 10109 MP

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                               HIGH COURT OF MADHYA PRADESH AT INDORE
                                      CRIMINAL APPEAL NO.6153 OF 2021
                                         (Makbul vs The State of Madhya Pradesh)


                         Indore, Dated 04.07.2023
                                Mr. Vikas Jain, counsel for the appellant.
                                Mr.    Gaurav        Singh    Chauhan,           counsel             for   the
                         respondent/State.

(1) Heard on IA No.4185/2022 which is first application filed under Section 389 (1) of Criminal Procedure Code, 1973, on behalf of appellant - Makbul S/o Yakub Khan who has been convicted by learned Special Judge, NDPS Act, 1985, District- Ujjain (MP) in Special Case No.12/2014 vide judgment dated 26.02.2021 and has been sentenced him as under:

                                        Conviction                             Sentence
                               Section & Act   Imprisonment        Fine          Imprisonment in
                                                                  Amount           lieu of fine
                                 8/22(GA)       15 years RI   Rs.2,00,000       Final fine amount of
                                 NDPS Act                          /-               Rs.2,16,000/-
                                                                                through the accused.
                               25(K)(K) Arms    Three years       Rs.2,000/-          ............
                                    Act          (4 counts)       (4 counts)
                                                                     Total
                                                                  Rs.8000/-
                                25(Kha)(Kha)    Three years       Rs.2,000/-          ............
                                  Arms Act       (4 counts)       (4 counts)
                                                                     Total
                                                                  Rs.8000/-




Signature Not Verified
Signed by: ARUN NAIR
Signing time: 05-07-
2023 13:54:34

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.6153 OF 2021 (Makbul vs The State of Madhya Pradesh)

(5) Counsel for the appellant submits that appellant is innocent and has been falsely implicated in the aforesaid offence. He submits that appellant was in jail since 03.08.2014 and has nearly completed half of his jail sentence out of the total sentence awarded to him. He submits that final disposal of this appeal is likely to take sufficient long time. Hence prays for suspension of sentence and grant of bail to the appellant. (6) Per contra, counsel for the respondent/State has opposed the application and prays for its rejection. (7) Having considered the facts and circumstances of the case as well as the detention period of appellant, it is a fit case for grant of suspension to the appellant. Accordingly, application IA No.4185/2022 is being allowed.

(8) It is directed that substantive jail sentence of appellant - Makbul S/o Yakub Khan shall be suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety of like amount to the satisfaction of concerned trial Court for his appearance on 14.12.2023 and on all other subsequent dates as may be fixed by

Signature Not Verified Signed by: ARUN NAIR Signing time: 05-07-

2023 13:54:34

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.6153 OF 2021 (Makbul vs The State of Madhya Pradesh)

the Court concerned in this behalf. Accordingly, application IA No.4185/2022 stands disposed of.

(9) List the appeal for final hearing in due course. (10) Certified copy, as per Rules.

                                        (S.A. DHARMADHIKARI)                                 (HIRDESH)
                                              JUDGE                                           JUDGE

                         Arun/-




Signature Not Verified
Signed by: ARUN NAIR
Signing time: 05-07-
2023 13:54:34

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.6153 OF 2021 (Makbul vs The State of Madhya Pradesh)

Signature Not Verified Signed by: ARUN NAIR Signing time: 05-07-

2023 13:54:34