Kasim vs The Satate Of Mp
2023 Latest Caselaw 8384 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3536 of 2023 (KASIM Vs THE SATATE OF MP)

Dated : 12-06-2023 Shri Mahendra Singh - Advocate for the appellant.

Shri R. P. Prajapati - Panel Lawyer for the State.

Heard on admission.

The appeal is admitted for final hearing. Also heard on I.A. No.5556/2023, which is first application under

section 389(1) of Cr.P.C. filed on behalf of the appellant for suspension of sentence and grant of bail.

The appellant has been convicted by the trial Court under Section 8-C read with Section 20(B)(ii)(B) of the NDPS Act and sentenced to undergo R.I. for 2 years with fine of Rs.7,000/-, with default stipulation. The appellant is in jail since 22.11.2022.

According to the prosecution case, on 03.11.2016 upon a tip the police seized smack from the possession of appellant.

Learned counsel for the appellant has submitted 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 offences. There is a bleak possibility of disposal of this appeal in near future, therefore, the custodial sentence of the appellant may be suspended and he may be released on bail.

Learned counsel for the State has opposed the bail application. Heard learned counsel for both the parties and perused the judgment and record of the court below.

Signature Not Verified Signed by: PRASHANT SHRIVASTAVA Signing time: 6/14/2023 11:11:32 AM

Looking to the nature of offence, period of sentence awarded to the appellant and also the fact that the hearing of appeal may take considerable time, 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 appellant shall remain suspended and he shall be released on bail for securing his presence before the

trial Court concerned on 12.10.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

ps

Signature Not Verified Signed by: PRASHANT SHRIVASTAVA Signing time: 6/14/2023 11:11:32 AM