Nitin Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 17950 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 10672 of 2022
                                               (NITIN MISHRA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-10-2023
                                 Shri Narendra Jain - Advocate for appellant.

                                 Shri Shahrukh Riyaz - Panel Lawyer for respondent/State.

Hear d o n I.A. No.24842/2023, t h is is the third application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Nitin Mishra. His earlier two bail applications were

dismissed as withdrawn.

The appellant has been convicted vide judgment dated 11.11.2022 passed b y Special Judge (NDPS Act), Jabalpur in Special Case No. SC NDPS/1500064/2012 and appellant has been found guilty for commission of offence punishable under Section 8 read with section 20(B)(ii-B) of NDPS Act and sentenced to undergo RI for 3 years and six months and to pay fine of Rs.10,000/- with usual 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. The appellant is in jail for more than a year now. 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 appeal.

O n the other hand, learned Panel Lawyer has opposed the contention Signature Not Verified Signed by: BHARTI GADGE Signing time: 10/28/2023 12:27:08 PM

rais ed by learned counsel for appellant and prays for rejection of said application.

Looking to the facts and circumstances of the case and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution Nitin Mishra s hall remain suspended during the pendency of this appeal and he be released on bail subject to depositing entire 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 solvent surety 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.

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

(ROOPESH CHANDRA VARSHNEY) JUDGE

b

Signature Not Verified Signed by: BHARTI GADGE Signing time: 10/28/2023 12:27:08 PM