Abid Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 3900 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                         CRA No. 4384 of 2019
                                            (ABID KHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 13-03-2023
                                  Shri Santosh Kumar Meena, learned counsel for the appellants.

                                  Ms. Mamta Shandilya, learned Government Advocate for the
                           respondent/State.

Heard on IA No.1077/2023, which is third application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

the appellant.

This appeal is filed by the appellant being aggrieved by the judgment dated 10.04.2019 passed by learned Special Judge (NDPS Act) Rajgarh, Biaora in Special Case No.19/2018 whereby the appellant has been convicted for the offence under Section 8/20 of the NDPS Act with fine of Rs.1,00,000/- with default stipulation.

This application is filed solely on the ground of period of custody of the appellant.

Learned counsel for the appellant submits that the appellant has already

completed half of the jail sentence. This appeal is of the year 2019 and final hearing of this appeal will take sufficient long time and he is the first offender. Hence, prays for suspension of sentence and grant of bail to the appellant.

Learned Government Advocate opposes the application and prays for its rejection.

Considering the facts and circumstances of the case and the arguments advanced by the counsel for the parties, period of custody of the appellant and there is no likelihood of early hearing of this appeal in near future, the Signature Not Verified Signed by: REENA JOSEPH Signing time: 14-03-2023 10:49:29

application (I.A.No.1077/2023) is allowed.

It is directed that the jail sentence of the appellant shall remain suspended and he be released on bail upon his depositing the fine amount (if not already deposited) and also upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the concerned trial Court on 11.09.2023 and on such further dates as may be fixed in this behalf by the concerned trial Court during the pendency of this appeal.

Accordingly, I.A.No.1077/2023 stands allowed and disposed off.

(VIVEK RUSIA) JUDGE RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 14-03-2023 10:49:29