Madhya Pradesh High Court
Najeer Shah vs The State Of Madhya Pradesh on 24 July, 2023
Author: Anuradha Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1043 of 2023
(NAJEER SHAH Vs THE STATE OF MADHYA PRADESH)
Dated : 24-07-2023
Shri Atul Shukla - Advocate for appellants.
Shri Devendra Shukla - Panel Lawyer for respondent /State.
Heard on I.A No.14363/2023, which is the 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 for the offence punishable under
Sections 8/15 (B) of N.D.P.S. Act and sentenced to undergo R.I. for 6 years
and fine of Rs.50,000/-, 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 an 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 of the appellant may be
considered.
On the other hand, learned counsel for the State has opposed the
application and prayed for its rejection.
Heard learned counsel for the parties, perused the judgment and record
of the court below.
Looking to the over all facts and circumstances of the case and the
Signature Not Verified
Signed by: RASHMI
TIKARAM CHIKANE
Signing time: 7/26/2023
10:41:38 AM
evidence available on record as well as the grounds raised about infirmities in its
appreciation, this Court finds 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.
It 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 appellant 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 application stands allowed and disposed of.
List this case for final hearing in due course.
(ANURADHA SHUKLA)
JUDGE
RC
Signature Not Verified
Signed by: RASHMI
TIKARAM CHIKANE
Signing time: 7/26/2023
10:41:38 AM
