Gurudayal Naath vs The State Of Madhya Pradesh
2023 Latest Caselaw 20007 MP

Madhya Pradesh High Court

Gurudayal Naath vs The State Of Madhya Pradesh on 29 November, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 12503 of 2023 (GURUDAYAL NAATH Vs THE STATE OF MADHYA PRADESH)

Dated : 29-11-2023 Shri Satyam Agrawal - Advocate for the appellant.

Shri Dilip Shrivastava - Govt. Advocate for the State.

Heard on IA No.23469/2023, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant.

Appellant has been convicted under Section 8(c) r/w S.20(b)(ii)(B) of NDPS Act and sentenced as mentioned in the impugned judgment dated 12.09.2023 in SPL No.03/2020 by Special Judge NDPS, District Sehore.

It is submitted by the counsel for the appellant that the appellant has been falsely implicated in the case. He has a good case on merits and hope to succeed in appeal. It is further submitted that appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentence of the appellant may be suspended.

Learned counsel for the State has opposed the application.

Considering overall facts and circumstances of the case and the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.23469/2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each in the like amount to

the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 02.01.2024 and on other subsequent dates as may be fixed in this behalf.

However, it is made clear that the appellant shall not commit any offence or involve in any criminal activity. In case of his involvement in any other criminal activity the bail granted in this case shall automatically come to an end.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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