Madhya Pradesh High Court

Kishori Lal Dhakad vs The State Of Madhya Pradesh on 6 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 3130 of 2024
                                           (KISHORI LAL DHAKAD Vs THE STATE OF MADHYA PRADESH)

                           Dated : 06-05-2024
                                 Shri Narendra Nikhare - Advocate for the appellant.

                                 Shri Santosh Yadav - Goernment Advocate for respondent/State.

1. Heard on admission.

2. Appeal is admitted for hearing.

3. Appellant has filed I.A. No.6254/2024 an application under Section

389(1) of Code of Criminal Procedure for suspension of jail sentence.

4. Appellant has been convicted under Section 8 read with Section 20- B(ii)(B) of the NDPS Act and sentenced to undergo R.I. for four years with fine of Rs.10,000/- with default stipulations.

5. It is submitted by learned counsel for the appellant that no evidence has been adduced by the prosecution to show that land over which plants of narcotics substance were found belongs to appellant. There is no likelihood of hearing of appeal in near future. Looking to the fixed short term of sentence, appellant may be released on bail.

6. Learned Government Advocate opposed the application for suspension of sentence.

7. Heard the counsel for the parties.

8. Considering the fixed short term of sentence and in judgment nowhere it has been discussed regarding evidence that land in question belongs to

appellant, I.A. No.6254/2024 for suspension of sentence is allowed.

9. It is hereby directed that the custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal and on

deposit of fine amount, if already not deposited, he shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) with one solvent surety bond of the like amount to the satisfaction of the trial Court, for his appearance before the trial Court on 29.07.2024 and on other dates as may be fixed in this regard till final disposal of this appeal.

10. List the appeal for final hearing in due course. C.C. as per rules.

(VISHAL DHAGAT) JUDGE