Kusum Nishad vs The State Of Madhya Pradesh
2023 Latest Caselaw 14822 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 3112 of 2023
                                             (KUSUM NISHAD Vs THE STATE OF MADHYA PRADESH)

                         Dated : 08-09-2023
                                Shri Nitin Dubey- Advocate for the appellant.

                                Shri Himanshu Tiwari - Panel Lawyer for the respondent/State.

Heard on I.A.No.6865 of 2023, an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant.

The appellant has been convicted under Section 8/20 of NDPS Act and sentenced to undergo R.I. for 1 year with fine of Rs.2,000/-, with default stipulations.

Learned counsel for the appellant submits that appellant has already completed her sentence but concerned jail has not released her. Perusal of record of the case reveals that appellant has been sentenced to R.I. for 1 year with fine of Rs.1,000/- with default stipulations. Learned counsel for the appellant further submits that as per impugned judgment, appellant was in jail during trial for 191 days and she is in custody since date of impugned judgment

i.e. 21.12.2022, therefore, it is prayed that remaining jail sentence of the appellant may be suspended and she be released on bail.

The prayer is opposed by learned Panel Lawyer for the State. In view of above, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, aforesaid I.A. is allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant is hereby suspended and it is directed Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 9/9/2023 10:37:59 AM

that the appellant Kusum Nishad be released on bail on her furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial Court on 22.11.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

Learned Panel Lawyer for the State is directed to obtain custody report of appellant within 2 days.

List the matter on 12.09.2023.

(ACHAL KUMAR PALIWAL) JUDGE

vai

Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 9/9/2023 10:37:59 AM