Suiyash Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 9951 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 7076 of 2023
                                              (SUIYASH TIWARI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 01-07-2023
                                Shri Surendra Rajak - Advocate for the appellant.

                                Shri Saurabh Soni - Panel Lawyer for the respondent/State.

Heard on admission.

Admit.

Also heard on I.A. No.12925 of 2023 first application filed under Section

389(1) of CrPC for suspension of sentence on behalf of appellant.

Vide impugned judgment dated 24.03.2023 passed by the Special Judge (NDPS Act, 1985), District Madla in Special Case No.13 of 2018, the appellant has been convicted for offence punishable under Section8(C) R/w 21-B of NDPS Act and sentenced to undergo R.I. for one year and to pay fine of Rs.2,000/- with default stipulation.

Learned counsel for the appellant submits that the appellant was in custody during trial from 17.09.2018 to 25.10.2018 and again from 12.10.2022 he is in custody.

Per-contra, counsel for the State has opposed the prayer but could not dispute the fact that conviction is only for one year.

Considering the custody period and subject to verification of the fact that fine amount has already been deposited and there is no likelihood of early disposal of the appeal in near future, this court is inclined to grant bail to appellant by way of suspension of sentence.

Accordingly, without expressing any opinion on the merits, I.A.No. 12925/2023 is allowed and it is directed that the jail sentence of the appellant Signature Not Verified Signed by: MRS. LORETTA RAJ Signing time: 7/3/2023 2:31:40 PM

will remain under suspension subject to the verification that the amount of fine have been deposited, on the appellant furnishing bail bond of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 28.11.2023 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

Call for the record.

List the matter for final hearing in due course of time at its own turn. Certified copy as per rules.

(VISHAL MISHRA) JUDGE

Loretta

Signature Not Verified Signed by: MRS. LORETTA RAJ Signing time: 7/3/2023 2:31:40 PM