Ramniwas vs The State Of Madhya Pradesh
2023 Latest Caselaw 7338 MP

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                       CRA No. 4023 of 2019
                                          (RAMNIWAS AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 04-05-2023
                                  Shri Abhay Saraswat, learned counsel for the appellant.

                                  Shri    Amit   Rawal,     learned    Government      Advocate    for   the
                           respondent/State.

Heard on I.A. No.1322/2022 (appellant No.2 Ashok.) and I.A. No. 6610/2022 (appellant No.1 Ramniwas) which are an application under Section

389 of Cr.P.C. for suspension of remaining jail sentence and grant of bail.

(1) The appellants have been convicted for the offence punishable under Section 8/18B of NDPS Act and sentenced to undergo 15 years with fine of Rs. 2,00,000/-each with default stipulation vide judgment dated 11.04.2019 passed in Special(NDPS)case - 24/ 2012.

(2) Learned counsel for the appellants submit that both the appellants out of 15 years sentence they have completed 11 years 3 months in jail and they are ready to deposit the fine amount. This appeal is of 2019 and there is no likelihood for early hearing of this appeal in near future by that time they would

undergo their entire sentence.

(3) Government Advocate opposes the application and prays for its rejection.

(4) Looking to the facts and circumstances of the case, period of custody of the appellants and there is no likelihood of early hearing of this appeal in near future, t h e applications ( I.A. No.1322/2022 and I.A. No. 6610/2022 ) are allowed.

(5) It is directed that the jail sentence of the appellant No.2 Ashok and Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 04-05-2023 18:21:35

Appellant No.1 Ramniwas shall remain suspended and they be released on bail upon their 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) each 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.

I.A. No.6459/2023 is closed.

Certified copy as per rules.

                              (VIVEK RUSIA)                                              (ANIL VERMA)
                                  JUDGE                                                     JUDGE

                           akanksha




Signature Not Verified
Signed by: AKANKSHA
LAHORIYA
Signing time: 04-05-2023
18:21:35