Lal @ Shakir vs The State Of Madhya Pradesh
2023 Latest Caselaw 4104 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             CRA No. 9638 of 2022
               (LAL @ SHAKIR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 15-03-2023
       Shri Daya Ram Sharma- Advocate for the appellants.

       Shri G.P. Chaurasiya- Public Prosecutor for the respondent/State.

Heard on I.A.No.4798/2023, first application u/Sec.389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.1- Lal @ Shakir Khan.

This criminal appeal has been filed against the judgment dated 29/09/2022

passed in SC NDPS 05/2017 by Special Judge (NDPS Act) Gwalior whereby appellant has been convicted under Section 8 read with Section 20 (kha)(ii) of NDPS Act and sentenced to suffer five years' RI with fine of Rs.5,000/- with default stipulation.

It is submitted by counsel for the appellant that the appellant was on bail during trial and he did not misuse the liberty granted to him. During trial appellant remained in jail for 134 days and thereafter since the date of judgment, he is in jail. It is further submitted that co-accused have already been granted the benefit of suspension of sentence and grant of bail by this Court. Appeal is of

the year 2022 which may take long time for its conclusion. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible,

I.A.No.4798/2023 is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes 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, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

Application (I.A.No.4798/2023) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary

compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH

rahul RAHUL SINGH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab 676d0cde4dee473fe77953f5,

PARIHAR pseudonym=68E0B84BAE73376CD071289B3D9FE728CE0 0D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED9 10FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.03.16 10:58:37 +05'30'