Kaleem @ Chandu vs The State Of Madhya Pradesh
2023 Latest Caselaw 17941 MP

Citation : 2023 Latest Caselaw 17941 MP
Judgement Date : 27 October, 2023

Madhya Pradesh High Court

Kaleem @ Chandu vs The State Of Madhya Pradesh on 27 October, 2023

Author: Roopesh Chandra Varshney

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 456 of 2023 (KALEEM @ CHANDU Vs THE STATE OF MADHYA PRADESH)

Dated : 27-10-2023 Shri S.K.Jain - Advocate for the appellant.

Shri Aditya Choubey - Government Advocate for the State.

Heard on admission.

Admit.

Heard on I.A.No.572/2023 which is first application under Section 389

(1) CrPC for suspension of custodial sentence of the appellant Kaleem @ Chandu.

Appellant has been convicted under Section 8/20(B)(ii-B) of NDPS Act and sentenced to undergo RI for 2 years & 6 months with fine Rs.10,000/- with default stipulation vide impugned judgment dated 15.12.2022 passed in Reg.No.SC NDPS/1500072/2014 (Filing No.SC NDPS/24070/2014) by Special Judge (NDPS) Act, District Jabalpur.

It is submitted by the counsel for the appellant that the appellant is innocent and has been falsely implicated in the case. He is in jail for about a

year. It is further submitted that appeal is of the year 2023 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 appearing for the State has supported the impugned judgment and opposed the application for suspension of sentence.

Considering overall facts and circumstances of the case; period of custody as well as the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future but without commenting Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/28/2023 11:22:30 AM

on merits of the case, I.A.No.572/2023 is allowed.

It is directed that on deposit of entire fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 22.12.2023 and on all subsequent dates as may be fixed by the trial Court in that regard, the execution of substantial jail sentence imposed on appellant shall remain suspended, till final disposal of this appeal.

Let the appeal be listed for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/28/2023 11:22:30 AM