Bhagvendra Kaurav vs The State Of Madhya Pradesh
2024 Latest Caselaw 3295 MP

Madhya Pradesh High Court

Bhagvendra Kaurav vs The State Of Madhya Pradesh on 5 February, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                                1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                        CRA No. 16044 of 2023
                                             (BHAGVENDRA KAURAV Vs THE STATE OF MADHYA PRADESH)

                           Dated : 05-02-2024
                                  Shri Kuldeep Singh Rajpoot - Advocate for the appellant.

                                  Shri S. K. Rai - Govt. Advocate for respondent/State.

Record of the court below be requisitioned immediately. Appellant has filed I.A. No.30290/2023 an application under Section 389(1) of Code of Criminal Procedure for suspension of jail sentence.

Appellant has been convicted under Section 21(B) of NDPS Act and sentenced to undergo R.I. for 3 years with fine of Rs.5,000/- with default stipulations.

It is submitted by learned counsel for the appellant that appellant has been convicted for short period and there is no likelihood of hearing of appeal in near future. Trial Court has committed an error in convicting the appellant. In these circumstances, sentence may be suspended and appellant may be released on bail.

Learned Govt. Advocate appearing for the respondent/State opposed the

application for suspension of sentence.

Heard the counsel for the parties.

Apex Court in case of Bhagwan Rama Shinde Gosai and others Vs. State of Gujarat, reported in (1999) 4 SCC 421 has held that when a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentence can be considered by the appellate Court liberally unless there are exceptional circumstances.

Considering the aforesaid judgment passed by Apex Court and the fact

that fixed term sentence has been imposed against the appellant, I.A. for suspension of sentence is allowed.

It is hereby directed that the custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety bond of the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 16.04.2024 and on other dates as may be fixed in this regard till final disposal of this appeal.

List the appeal for admission alongwith the records after four weeks.

C.C. as per rules.

(VISHAL DHAGAT) JUDGE

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