Kamal vs The State Of Madhya Pradesh
2023 Latest Caselaw 7792 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 6361 of 2023 (KAMAL Vs THE STATE OF MADHYA PRADESH)

Dated : 11-05-2023 Shri Dinesh Singh Tomar and Prachi Sharma - Advocates for the

appellant.

Shri V.P.S. Tomar - Panel Lawyer for the State. I.A. No.8429/2023, under Section 389(1) of Code of Criminal Procedure for suspension of sentence and grant of bail filed on behalf of appellant - Kamal.

Vide judgment dated 21.03.2023 passed by Special Judge, Vidisha in Sessions Trial No.13 of 2018, the appellant stand convicted under Section 8 r/w 20(ii)(kha) of NDPS Act and has been sentenced to undergo R.I. for a period of three years' and with maximum fine in the sum of Rs.3,000/- respectively with default stipulation.

I t is submitted by learned counsel for the appellant that during trial appellant was on bail, but he did not misuse the liberty so granted. Appellant has a good case on merits. Final hearing of the appeal will take time. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.8429/2023 is allowed and it is directed that jail sentence of the appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 5/12/2023 11:22:59 AM

solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 4th December, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Adnan

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 5/12/2023 11:22:59 AM