Saeed Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 9785 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                           CRA No. 6945 of 2022
                                                   (SAEED KHAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 28-06-2023
                                  Shri Satyam Agrawal - Advocate for the appellant.

                                  Shri Ram Girish Verma - Panel Lawyer for the respondent/State.

Record of the Court below is available.

Heard on the question of admission.

The appeal being arguable is admitted for final hearing.

Also heard on I.A. No.15124/2022, which is an application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of the appellant.

T he appellant has been convicted for offence under Section 8(c) r/w Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced to undergo R.I. for 6 years with fine of Rs.25,000/-, with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. The learned trial Court has erred in

not appreciating the fact that there are material omissions and contradictions in the versions of the prosecution witnesses. He further submits that nothing has been seized from the appellant, infact the contraband was seized from a bag which was in possession of the co-accused, namely, Laad Singh. The appellant is in jail since the date of judgment and during trial, he was on bail and did not misuse the liberty of bail so granted. He further submits that there is no likelihood of hearing of appeal in near future. Hence, it is prayed that the application for suspension of sentence may be considered. Signature Not Verified Signed by: PRACHI PANDEY Signing time: 6/30/2023 11:25:30 AM

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

O n due consideration of the submissions made on behalf of the appellant, this Court is of the opinion that it would be appropriate to suspend the jail sentence of the appellant. Accordingly, I.A. filed on behalf of the appellant is allowed.

It is directed that subject to deposit of fine amount, if already not deposited and on furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his regular appearance

before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 12.10.2023 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE Prachi

Signature Not Verified Signed by: PRACHI PANDEY Signing time: 6/30/2023 11:25:30 AM