Balram @ Ballu vs The State Of Madhya Pradesh
2023 Latest Caselaw 11159 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 6283 of 2022
                                             (BALRAM @ BALLU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 18-07-2023
                                 Shri Santosh Kumar Meena, learned counsel for the appellant.

                                 Shri Tarun Pagare, learned Govt. Advocate for respondent/State.

Heard on I.A.No. 14609/2022 which is first application for suspension of sentence under section 389 Cr.P.C. on behalf of appellant-Balram @ Ballu.

2. Appellant has been convicted by the trial court under section 8/15(c) of NDPS Act and sentenced to undergo RI for 12 years and fine of

Rs.1,00,000/- with default stipulation.

3. As per prosecution case, it is alleged that 161 Kilogram of poppy straw is alleged to have been seized from the possession of the appellant.

4. Counsel for the appellant submits that the appellant has already undergone actual jail sentence of more than 50% and the appeal is of the year 2022. The final hearing of the appeal is likely to take time.

5. Counsel for the State opposes the prayer for grant of bail.

6. Counsel for the appellant in support of his submissions, he has placed reliance on a recent judgment passed by the Apex Court in the case of

Mohammad Muslim @ Hussain vs. State (NCT of Delhi) [Criminal Appeal No. 943/2023, dtd. 28.03.2023]. It is submitted that in the said case, the Apex Court has taken into consideration the earlier judgment passed by the Apex Court in the case of State of M.P. vs. Kajad (2001) 7 SCC 673 and also the judgment passed by the Apex Court in the case of Union of India vs. Ratan Malik (2009) 2 SCC 624 and thereafter enlarged the accused on bail.

7. After hearing learned counsel for the parties and taking into Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 18-07-2023 17:54:59

consideration the judgment passed by the Apex Court in the case of Mohammad Muslim @ Hussain (supra), it would be appropriate to suspend the jail sentence of the appellant.

8. Accordingly, I.A No. 14609 of 2022 filed on behalf of appellant is allowed. The appellant Balram @ Ballu be enlarged on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety of the same amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 17.10.2023 and thereafter, on such other subsequent dates as may be fixed in that behalf.

CC as per rules.

                             (VIJAY KUMAR SHUKLA)                                     (PRANAY VERMA)
                                     JUDGE                                                JUDGE

                           soumya




Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 18-07-2023
17:54:59