Shakir @ Lal vs The State Of Madhya Pradesh
2023 Latest Caselaw 3723 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        CRA No. 11928 of 2022
                                                (SHAKIR @ LAL Vs THE STATE OF MADHYA PRADESH)

                         Dated : 02-03-2023
                                  Shri Daya Ram Sharma, learned counsel for the appellant.

                                  Shri Pramod Pachauri, learned Public Prosecutor for the respondent-

State.

Heard on IA No. 3577 of 2023, which is the first application u/Sec. 389 (1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant Shakir alias Lal.

Vid e judgment dated 30-11-2022 passed by Special Judge (NDPS), Gwalior in Special NDPS Case No. 52 of 2019, the appellant has been convicted under Section 8(ga)/20(kha)(ii)(b) of NDPS Act, 1985 and sentenced to undergo rigorous imprisonment of five years with fine of Rs. 5,000/- with default stipulation.

Allegation against the present appellant is that on 27-09-2019 from the joint possession of present appellant and another co-accused Prakash Sen, 12.440 kilograms of ganja was seized by police for which the present appellant- accused could not justify the same.

It is submitted by learned counsel for the appellant that the appellant has been falsely implicated. During trial, the appellant was in custody for a period of 937 days. Fine amount has already been deposited by the appellant. This appeal is of the year 2022. He has a good case on merits and final hearing of the appeal will take some time. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

Learned counsel for the State opposed the application and prayed for its Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/3/2023 6:42:41 PM

rejection.

Looking to the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the case, IA is allowed and it is directed that the present appellant shall be released on bail on depositing entire fine amount, if not already deposited, and furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 17th July, 2023 and on such further dates as may be fixed by the office in this regard.

C.C. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/3/2023 6:42:41 PM