Madhya Pradesh High Court
Neelu @ Nilesh vs The State Of Madhya Pradesh on 26 October, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8255 of 2023
(NEELU @ NILESH Vs THE STATE OF MADHYA PRADESH)
Dated : 26-10-2023
Shri Ganga Prasad Patel - Advocate for the appellant.
Shri Amit Garg - Panel Lawyer for the respondent/State.
Heard on the question of admission.
This appeal is admitted for final hearing.
Also, heard on I.A. No.18242/2023, this is the Firs t application for
suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C.
on behalf of appellant - Neelu @ Nilesh.
The appellant has been convicted vide judgment dated 06.06.2023 passed
by Special Judge, N.D.P.S. Act, District Narsinghpur (M.P.) in S.C.N.D.P.S.
No.18/2022 and appellant has been found guilty for commission of offence
punishable under Section 08 read with Section 21(B) of NDPS Act and
sentenced to undergo RI for 03 years and to pay fine of Rs.5,000/- with usual
default stipulation.
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. The appellant has
already suffered more than half of custodial sentence. There are fair chances of
success of this appeal and final hearing of same will take considerable time,
therefore, if remaining custodial sentence 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 the final disposal of the revision.
Signature Not Verified
Signed by: PRIYANKA
PITHAWE
Signing time: 10/27/2023
12:08:29 PM
On the other hand, learned Panel Lawyer has opposed the contention
raised by learned counsel for appellant and prays for rejection of said
application.
Looking to the facts and circumstances of the case, contention of learned
counsel for the appellant and the fact that the appellant has already served more
than half of custodial sentence and according to listing policy the hearing of this
appeal will take time, the application is allowed.
It is directed that the execution of the remaining jail sentence passed
against appellant -Neelu @ Nilesh shall remain suspended during the pendency
of this appeal and he b e released on bail subject to depositing entire fine
amount, if already not deposited and upon his furnishing personal bond in the
sum of Rs.2,00,000/- (Rs. Two Lakh only) w i t h two sureties of
Rs.1,00,000/- each in like amount to the satisfaction of the trial Court for his
appearance before the trial Court on 22/12/2023 and on such further dates as
may be fixed by trial Court it in this regard during the pendency of this appeal.
It is made clear that appellant shall not indulge himself in any other
offence after release on bail.
List the appeal for final hearing in due course.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
Priya.P
Signature Not Verified
Signed by: PRIYANKA
PITHAWE
Signing time: 10/27/2023
12:08:29 PM
