Deepak Jain vs The State Of Madhya Pradesh
2023 Latest Caselaw 11331 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 5432 of 2022
                                              (DEEPAK JAIN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 20-07-2023
                                Shri Sankalp Kochar - Advocate for appellant.

                                Shri K.S. Patel - Panel Lawyer for State.


                                Reserved on             : 13.07.2023
                                Pronounced on          : 20.07.2023

                                Arguments of both the counsel for the parties are heard at length.
                                Judgment and record of the Court below perused.
                                                       ORDER

Heard on I.A No.21761/2022, 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 - Deepak Jain.

The appellant has been convicted for offences punishable under Section 8 read with Section 20 (b) (ii-c) of NDPS Act, 1985 and sentenced to undergo RI for 10 years and fine of Rs.1,00,000/- with default stipulations.

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. Appellant is in custody and the appeal would take considerable time to conclude. 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. Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 7/20/2023 4:47:24 PM

On the other hand, learned counsel for the State has opposed the application and prays for its rejection.

Looking to the overall facts and circumstances of the case and the evidence available on record as well as the grounds raised about infirmities in its appreciation, I find it to be a fit case to suspend the jail sentence of the appellant and to release him on bail, therefore, without commenting on the merit of the case, this application is allowed.

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

trial Court concerned, the custodial sentence of the shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 30.10.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. No.21761/2022 stands allowed and disposed of.

List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

DevS

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 7/20/2023 4:47:24 PM