Babloo Kol vs The State Of Madhya Pradesh
2023 Latest Caselaw 16782 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 10393 of 2019 (BABLOO KOL Vs THE STATE OF MADHYA PRADESH)

Dated : 10-10-2023 Shri Kamalnath Nayak - Advocate for the appellant.

Shri Manoj Singh - Panel Lawyer for the State.

Heard on IA No.25254/2022, which is third application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Babloo Kol. First application has been dismissed with liberty to the

appellant to revive the prayer after serving half of the sentence awarded by the trial Court and second application has been dismissed on merits.

Applicant has been convicted under Section 8 read with Section 20(B)(ii) (C) of the NDPS Act and sentenced to undergo RI for 10 years with fine of Rs.1,00,000/- with default stipulation vide judgment dated 11.11.2019 passed in ST No.05/2017 by Special Judge, NDPS District Satna.

It is submitted by the counsel for the appellant that the appellant is in jail for more than six years. Entire fine amount has been deposited by the appellant. It is further submitted that appeal is of the year 2019 and there is no likelihood

of appeal being taken up for final hearing. Under such circumstances, sentenced of the appellant may be suspended.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case as well as the period of incarceration and the fact that appeal is of the year 2019 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.

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/11/2023 10:29:49 AM

Accordingly, IA No.25254/2022 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail on 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 18.12.2023 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/11/2023 10:29:49 AM