Ram Singh Banjara vs The State Of M.P
2023 Latest Caselaw 16998 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 4784 of 2021 (RAM SINGH BANJARA Vs THE STATE OF M.P)

Dated : 12-10-2023 Shri Kishor Roy - Advocate for the appellant.

Shri C.M. Tiwari - Government Advocate for the State.

Heard on admission.

Admit.

Heard on IA No.2050/2023, which is first application under Section

389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Ram Singh Banjara.

Applicant has been convicted under Section 80(C) read with Section 20(B)(ii)(A) of NDPS Act and sentenced to undergo RI for 05 years with fine of Rs.50,000/-, with default stipulation vide judgment dated 06.11.2020 passed in Case No.02/2013 by Special Judge (NDPS) Dindori, District Dindori.

It is submitted by the counsel for the appellant that the appellant is in jail for more than three years. It is further submitted that appeal is of the year 2021 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; period of incarceration and the fact that appeal is of the year 2021 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.2050/2023 stands allowed and it is directed that the Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/13/2023 10:03:12 AM

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 one solvent surety 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: 10/13/2023 10:03:12 AM