Bhure vs The State Of Madhya Pradesh
2023 Latest Caselaw 19214 MP

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         CRA No. 5783 of 2023
                                                   (BHURE Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-11-2023
                                  Shri Sharad Verma- Advocate for appellant.

                                  Shri Dinesh Prasad Patel - Dy. G.A.Government Advocate                for
                           respondent/State.

Heard on admission.

The appeal is admitted for final hearing.

Also heard o n I.A. No.9238 /2023, this is first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Bhure.

The appellant has been convicted vide judgment dated 13.04.2023 passed by Special Judge, NDPS Act, Damoh in SC NDPS CASE No. 02/2019 and appellant has been convicted for offence punishable under Section 20(b)(ii)(b) of NDPS Act and sentenced to undergo RI for 04 years and to pay fine of Rs. 20,000/-with usual default stipulations.

Learned counsel for the appellant submits that the trial Court has not

properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant for aforesaid offence. The appellant has already suffered 8 months of custodial sentence. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal. Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 11/21/2023 10:46:52 AM

O n the other hand, learned Government Advocate has opposed the contention raised by learned counsel for appellant and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case coupled with the fact that the appellant has already suffered more than 8 months of custodial sentence and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant - Bhure s hall remain suspended during the pendency of this appeal and he be released on bail subject to depositing entire fine amount, if already not deposited and upon his

furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for securing his presence appearance before the trial Court on 22/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course .

(ROOPESH CHANDRA VARSHNEY) JUDGE

sarathe

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 11/21/2023 10:46:52 AM