Mahaveer vs The State Of Madhya Pradesh
2023 Latest Caselaw 17144 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                           CRA No. 4098 of 2022
                                                 (MAHAVEER Vs THE STATE OF MADHYA PRADESH)



                           Dated : 13-10-2023
                                 Shri Nilesh Dave, learned counsel for the appellant.

                                 Shri Bhuwan Gautam, learned G.A. for the respondent/State.

Heard on I.A. No.15329/2023, which is repeat second application for suspension of sentence and grant of bail filed under section 389 (1) of the Cr.P.C. on behalf of appellant-Mahaveer.

2. First application of the appellant was dismissed as withdrawn vide order dated 08.02.2023.

3. The trial Court has convicted the appellant vide judgment of conviction and order of sentence dated 25.03.2022 passed by Special Judge, N.D.P.S. Act in Special Case No.16/2017 as under:-

                                          Conviction                                      Sentence

                                 Section & Act           Imprisonment       Fine        Imprisonment in lieu of fine

                           8/15(C) of the N.D.P.S. Act    12 years RI   Rs.1,10,000/-            1 year R.I.

4. Learned counsel for the appellant has pressed this application only on the basis of that the appellant has completed more than 50% of the jail sentence and final hearing of this appeal is not possible in near future. It is prayed that looking to the custody period, the remaining jail sentence of the appellant may be suspended and he may be released on bail.

5. On the other hand, learned counsel for the respondent/State has objected the prayer though he has not disputed for custody period of the Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 13-10-2023 18:17:10

appellant.

6. We have heard learned counsel for both the parties and perused the record.

7. Looking to the facts and circumstances of the case coupled with the fact that the final hearing of this appeal is not possible in near future and also considering the custody period of the appellant, without expressing any opinion on merits of the case, the application I.A. No.15329/2023 is allowed and the jail sentence of the appellant shall remain suspended.

8. It is directed that subject to depositing the fine amount, if already not deposited, appellant-Mahaveer shall be released on bail, on his furnishing

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) along with solvent surety in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 18.12.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List for final hearing in due course.

Certified copy as per rules.

                                  (S. A. DHARMADHIKARI)                       (PRAKASH CHANDRA GUPTA)
                                           JUDGE                                       JUDGE

                           ajit




Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 13-10-2023
18:17:10