Madhya Pradesh High Court

Mohansingh vs The State Of Madhya Pradesh on 1 May, 2024

Author: Prakash Chandra Gupta

Bench: Prakash Chandra Gupta

1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 2817 of 2024
(MOHANSINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 01-05-2024
Ms. Archana Maheshwari, learned counsel for the appellant.

Shri Hemant Sharma, learned G.A. for the State.

Heard on I.A. No.3669/2024, which is first application for suspension
of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf
of appellant-Mohansingh.

2 . The trial Court has convicted the appellant under Section 8(c) r/w
21(c) of the N.D.P.S. Act and sentenced to undergo 10 years of R.I. with fine
of Rs.1,00,000/-, with default stipulation, vide judgment of conviction and order
of sentence dated 29.12.2023 passed by the Special Judge, N.D.P.S. Act,
District- Shajapur (M.P.) in Special Case No.15/2019.
3. Learned counsel for the appellant submits that the appellant has not
committed any offence. It is submitted that appellant has completed
incarceration of 5 years and 4 months out of 10 years jail sentence and the final
hearing of this appeal is not possible in near future therefore, it is prayed that the

remaining jail sentence of the appellant may be suspended and he may be
released on bail.
4 . Learned Govt. Advocate for the respondent/State has opposed the

prayer of the appellant.

5 . I have heard learned counsel for both the parties and perused the record.

6 . Looking to the facts and circumstances of the case and also considering the custodial period of the appellant coupled with the fact that the

final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A. No.3669/2024 is allowed and the jail sentence of the appellant shall remain suspended.

7. It is directed that subject to depositing the fine amount, if already not deposited, appellant- Mohansingh shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 30.05.2024, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

8. List for final hearing in due course.

C.C. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

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