Madhya Pradesh High Court

Mahboob Ajmeri vs Union Of India on 7 May, 2024

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     CRA No. 6090 of 2023
                                                  (MAHBOOB AJMERI Vs UNION OF INDIA)

                         Dated : 07-05-2024
                               Shri Himanshu Thakur, learned counsel for the appellant.

                               Shri Manoj Soni, learned Govt. Advocate for the respondent/CBN.

Heard on I.A. No.986/2024, which is an application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted by the trial Court under Section 8(c)/21

(c) of NDPS Act and sentenced to undergo R.I. for 10 years with fine of Rs. 1,00, 000/-, with default stipulation for illegal possession of 480 grams of smack.

Learned counsel for the appellant has submitted that the appellant has undergone more than half of the sentence i.e. approximately six years out of ten years of his jail sentence and there is no likelihood final hearing of this appeal. Hence, remaining jail sentence of the appellant may be suspended. In support of his contention, he has placed reliance over the judgment of Hon'ble Apex Court passed in the case of Hazarat Ali Molla vs. The state of West Bengal in

CRA No384/2024 decided on 15.04.2024 wherein the Hon'ble Apex Court has granted benefit of suspension of jail sentence after completion of half of the sentence.

Learned Govt. Advocate for the State has opposed the bail application. He has also placed reliance over the judgment of Union of India vs. Ajay kumar Singh @ Pappu Arising out of SLP (Cri.) No.2351/2023.

Considering the period of jail sentence awarded to the appellant and other facts and circumstance of the case and custody period, without commenting on

the merits of the case, I deem it proper to suspend the remaining jail sentence of the appellant.

Consequently, I.A.No.986/2024 is allowed. The execution of jail sentence of appellant is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty 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 on 17.08.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

Certified copy, as per rules.

The appeal is admitted for final hearing.

List in due course.

(PREM NARAYAN SINGH) JUDGE

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