Omkar Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 9955 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 7022 of 2023
                                              (OMKAR PATEL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 01-07-2023
                                 Shri Pradeep Naveria - Advocate for the appellant.

                                 Shri Lokesh Jain - Panel Lawyer for the respondent/State.

Heard on admission.

Admit.

Also heard on I.A. No.12697 of 2023 first application filed under Section

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

Vide impugned judgment dated 12.05.2023 passed by the Special Judge (NDPS Act, 1985), District Narsinghpur in Special Case No.65 of 2021, the appellant has been convicted for offence punishable under Section 8 R/w 21(B) of NDPS Act and sentenced to undergo R.I. for three years and to pay fine of Rs.5,000/- with default stipulation.

Learned counsel for the appellant submits that the appellant is falsely implicated in the case. He is in custody since 24.09.2021. The learned trial Court has failed to appreciate the fact that there is no evidence on record to

corroborate the allegations made against the appellant. The final hearing of this appeal is not possible in near future. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering the application for suspension of sentence. Hence, he prays for suspension of sentence and grant of bail.

Per-contra, counsel for the State has opposed the prayer stating therein that there is active participation of the appellant in commission of offence.

Considering the custody period and subject to verification of the fact that Signature Not Verified Signed by: MRS. LORETTA RAJ Signing time: 7/3/2023 2:31:40 PM

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. 12697/2023 is allowed and it is directed that the jail sentence of the appellant will remain under suspension subject to the verification that the amount of fine have been deposited, on the appellant furnishing bail bond of Rs. 1,00,000/- (Rupees One Lakh 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.

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