Halkai Dahayat vs The State Of Madhya Pradesh
2024 Latest Caselaw 16565 MP

Madhya Pradesh High Court

Halkai Dahayat vs The State Of Madhya Pradesh on 6 June, 2024

                                                               1                                CRA-4729-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 4729 of 2024
                                            (HALKAI DAHAYAT Vs THE STATE OF MADHYA PRADESH)

                          Dated : 06-06-2024
                                 Shri Surya Kumar Patel- Advocate for the appellant.

                                 Shri Abhay Shankar Pathak - Government Advocate for the respondent

/ State.

Heard on admission.

Appeal is admitted for final hearing.

Also heard on I.A. No. 9031 of 2024, which is an application for suspension of sentence and grant of bail to appellant arising out of judgment dated 23/08/2024 delivered in SC-NDPS 02/2019 by Special Judge Panna, M.P. The appellant has been convicted under Sections 8 read with Section 20 of NDPS Act and sentenced to undergo two years R.I. with fine of Rs. 25,000/- with default stipulation.

Allegation against the appellant is that he was cultivating 3 plants of Ganja in the backyard of his house. The appellant is sentenced for two years R.I. He is in jail since 28.03.2024. It is contended that he had spent 20 days during trial

and later on granted benefit of bail and he has not misused the liberty of bail. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of the present appellant may be suspended.

Learned Government Advocate for the State opposed the prayer. Considering the short sentence and bleak chance of final hearing of this appeal in near future, without expressing any conclusive opinion on the merits of the case, I deem it proper to suspend the remaining jail sentence of appellants.

2 CRA-4729-2024 Accordingly, I.A. No. I.A. No. 9031 of 2024, is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant-Halkai Dahayat be released on bail on his furnishing personal bond in the 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 trial Court, concerned firstly on 22/10/2024 and also on such further dates as may be fixed by the concerned trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

(VIVEK JAIN) V. JUDGE

MISHRA