Balvinder Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 15561 MP

Madhya Pradesh High Court

Balvinder Singh vs The State Of Madhya Pradesh on 24 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 268 of 2020
                                        (BALVINDER SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 24-05-2024
                                  Shri Surendra Verma - Advocate for appellants.

                                  Shri Santosh Yadav - Dy. Government Advocate for respondent/State.

Appellants have filed I.A. No.7281/2024 - an application under Section 389(1) of Code of Criminal Procedure for suspension of jail sentence.

2. Appellants have been convicted under Section 8/20(B)(ii)(c) of NDPS

Act and sentenced to undergo R.I. for 10 years & fine of Rs.1,00,000/- with default stipulations.

3. Learned counsel appearing for the appellants submitted that appellants

are in jail since last 81 / 2 years . Considering the period of incarceration, appellants' sentence be suspended and they may be released on bail.

4. Learned Government Advocate appearing for the State have opposed the application for suspension of sentence.

5. Heard the learned counsel for the parties.

6. On going through certificate, which is attached along with judgment, it

is mentioned that appellants are under custody since 25.12.2015 till date of judgment i.e. 03.10.2019. They have also not been granted bail in appeal.

7. Considering the aforesaid circumstances and long period of incarceration of appellants, I.A. for suspension of sentence is allowed. It is directed that jail sentence imposed upon the appellants shall remain suspended during the pendency of this appeal and appellants shall be released on bail, on their depositing the entire amount of fine, if not already deposited, and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand

only) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 22.08.2024 and all other subsequent dates, as may be fixed by the Registry in this regard.

8. C.C. as per rules.

(VISHAL DHAGAT) JUDGE

nd