Madhya Pradesh High Court
Mohammad Baseem vs The State Of Madhya Pradesh on 31 October, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5222 of 2023
(MOHAMMAD BASEEM Vs THE STATE OF MADHYA PRADESH)
Dated : 31-10-2023
Shri Ashish Tiwari - Advocate for appellant.
Shri Ajay Tamrakar - Panel Lawyer for respondent/State.
Heard on admission.
Appeal seems to be arguable, hence it is admitted for final hearing.
Also heard on IA No.25606 of 2023, which is the second application
under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of
bail moved on behalf of appellant. Appellant is in jail. His first application was
dismissed as withdrawn vide order dated 29.08.2023.
Appellant stood convicted under Section 20(B)(II)(B) read with Section
8 (C) of NDPS Act and sentenced to suffer R.I. for 2 year with fine of
Rs.10000/- with default stipulations vide judgment of conviction and order of
sentence dated 08.04.2023 passed by Special Judge (NDPS Act), District
Teekamgarh in S.C.NDPS No.07/2017.
Learned counsel for the appellant while seeking suspension of sentence
inter alia submitted that the trial Court without appreciating the evidence
wrongly convicted the appellant for the aforesaid offences. There are several
omissions and contradictions in the evidence adduced by the prosecution.
Appellant is in jail. Appeal is of the year 2023 and there is no likelihood of
appeal being taken up for final hearing. Under such circumstances, application
of appellant for suspension of sentence and grant of bail may be considered.
P e r contra, learned counsel for State while opposing the prayer,
supported the judgment impugned. He contends that judgment impugned is
Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 01-Nov-23
11:16:45 AM
passed upon proper evaluation of evidence placed on record, so the sentence
of the appellant should not be suspended.
Upon hearing learned counsel for the parties though this Court refrain
from commenting upon rival contentions touching merits of the matter and the
appeal is of the year 2023 and there is no likelihood early hearing of the appeal
in near future, in the obtaining facts and circumstances, present appellant is held
entitled for suspension of jail sentence and grant of bail.
Accordingly, IA No.25606 of 2023 stands allowed and it is directed
that the jail sentence of appellant shall remained suspended and he be released
on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees
Fifty Thousand Only) with one solvent surety in the like amount to the
satisfaction of the trial Court subject to verification of factum regarding deposit
of fine amount. Appellant is directed to appear before the trial Court first on
18/12/2023 and on other subsequent dates as may be fixed in this behalf.
Accordingly, I.A. No.25606 of 2023 stands allowed and disposed of.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
DPS
Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 01-Nov-23
11:16:45 AM
