Madhya Pradesh High Court

Khannelal Kewat vs The State Of Madhya Pradesh on 1 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 9263 of 2022
                                           (KHANNELAL KEWAT Vs THE STATE OF MADHYA PRADESH)

                          Dated : 01-05-2024
                                 Shri Rakesh Kumar Tiwari - Advocate for the appellant.

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

Appellant has filed application I.A. No.8490/2024 under Section 389(1) of Code of Criminal Procedure for suspension of jail sentence.

2. Appellant has been convicted under Section 20-B(II) of the NDPS Act and sentenced to undergo R.I. for 4 years with fine of Rs.10,000/- with default stipulation.

3. It is submitted by learned counsel for the appellant that appellant is in jail since last one year & 8 months. Total sentence is for a period of four years. It is submitted that sentence is for a short fixed term and there is no likelihood of hearing of appeal in near future. In these circumstances, sentence may be suspended and appellant may be released on bail.

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

the application for suspension of sentence.

5. Heard the counsel for the parties.

6. 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.

7. 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.

8. It is hereby directed that the custodial sentence awarded to 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 Thousands Only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 24.07.2024 and on other dates as may be fixed in this regard till final disposal of this appeal.

C.C. as per rules.

(VISHAL DHAGAT) JUDGE

AD/