Shivakant Jaat vs The State Of Madhya Pradesh
2024 Latest Caselaw 16427 MP

Madhya Pradesh High Court

Shivakant Jaat vs The State Of Madhya Pradesh on 31 May, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 10825 of 2023 (SHIVAKANT JAAT Vs THE STATE OF MADHYA PRADESH)

Dated : 31-05-2024 Shri Sunil Kumar Pandey - Advocate for the appellant.

Shri Amit Garg - Panel Lawyer for the State.

Heard on I.A No.20333/2023, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant.

The appellant has been convicted for the offence punishable under Section 8 r/w 20 (b)(ii)(C) of the NDPS Act and sentenced to undergo R.I. for 10 years with fine of Rs.1,00,000/-, with default stipulation.

Learned counsel for the appellant submits that the maximum jail sentence of appellant is of 10 years R.I. and the appeal would take considerable time to conclude. He is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

Learned counsel for the State has opposed the application on the ground

that appellant has criminal antecedents.

Heard counsel for the parties, perused the judgment and record of the Court below.

Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentence awarded to the appellant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 03.09.2024 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid application stands allowed and disposed of. List this criminal appeal for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

rv