Mohammod Faizan vs The State Of Madhya Pradesh
2023 Latest Caselaw 17244 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 1290 of 2023
                                             (MOHAMMOD FAIZAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 16-10-2023
                                  Shri Sadulla Usmani - Advocate for appellant.

                                  Shri Manoj Kumar Singh - Panel Lawyer for respondent/State.

Heard on admission.

Admit.

Also heard o n I.A. No.1685/2023, which is the first application for

suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of sole appellant Mohammad Faizan.

Appellant has been convicted vide judgment dated 19/12/2022 passed by Special Judge (NDPS Act), Bhopal in SC (NDPS) No.57/2014 for commission of offence punishable under Section 8(c) read with Section 20(B)(II)(B) of the NDPS Act and sentenced to undergo RI for two years with fine of Rs.15,000/- with 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. During trial appellant remained in custody w.e.f. 03/11/2014 to 23/04/2015 and is in custody since the date of judgment i.e. 19/12/2022. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence of the appellant 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 final disposal of the appeal. Signature Not Verified Signed by: ANURAG SONI Signing time: 17-10-2023 10:50:07

On the other hand, learned counsel for the respondent/State has opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant, the short sentence of the appellant and the fact that during trial appellant remained in custody w.e.f. 03/11/2014 to 23/04/2015 and is in custody since the date of judgment i.e. 19/12/2022 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 Mohammad Faizan shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing 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 his appearance before the trial Court on 20/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the matter for final hearing in due course. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE as

Signature Not Verified Signed by: ANURAG SONI Signing time: 17-10-2023 10:50:07