Madhya Pradesh High Court
Imran Kha vs The State Of Madhya Pradesh on 14 October, 2024
1 CRA-6246-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 6246 of 2024
(IMRAN KHA Vs THE STATE OF MADHYA PRADESH )
Dated : 14-10-2024
Shri Rajendra Singh Yadav - Advocate for the appellant.
Dr. Anjali Gyanani - Public Prosecutor for the respondent/State.
Heard on admission.
The appeal being arguable is admitted for final hearing.
Also heard on I.A.No.10965 of 2024 , first application under Section 389(1)
of Cr.P.C for suspension of jail sentence and grant of bail moved on behalf of the
appellant - Imran Khan.
This Criminal Appeal assails the judgment of conviction and order of
sentence dated 05.04.2024 passed by Special Judge (NDPS Act) in Special NDPS
Case No.38/2021, whereby the appellant has been convicted under Section under
Section 8(C) read with Section 20(b)(ii)(B) of NDPS Act and sentenced to
undergo RI for two years with fine of Rs.3,000/- with default stipulation.
Learned counsel for the appellant submits that the trial Court has wrongly
convicted the appellant without proper appreciation of facts of the case as well as
evidence on record. He further submits that the appellant has suffered jail
incarceration of almost seven months, one month during trial and six months post
trial. It is also submitted that more than 1/3rd of total sentence has been suffered
by the present appellant. He relied upon the order dated 19.10.2023 in
Cr.A.No.4268/2021 of this Court whereby the Division Bench has given the
benefit of suspension of sentence to the appellant who was suffered more than
1/3rd of the punishment. Similarly, he also relied upon the decision of Hon'ble
2 CRA-6246-2024
Apex Court in the case of Kamal Vs. State of Haryana (2004) 13 SCC 526 in
which appellant has been granted bail after suffering 1/3rd jail sentenced of total
sentence. There is no likelihood of hearing of the instant appeal in near future and
hence, learned counsel prays to suspend the jail sentence and grant bail to the
appellant.
Learned counsel for the respondent/State vehemently opposed the
application and prayed for its rejection.
Heard learned counsel for the parties and perused the material available.
Considering the submissions made by learned counsel for the parties as
well as the facts and circumstances of the case, without commenting on merits of
the case, I.A.No.10965 of 2024 is hereby allowed. Subject to depositing of fine
amount, if not already deposited, and on furnishing personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety of the like
amount to the satisfaction of the concerned trial Court, the remaining jail sentence
of the appellant shall remain suspended and he be released on bail. The appellant
is further directed to mark his appearance before the Registry of this Court first on
06/01/2025 and on subsequent dates given by the Registry in this regard, till final
disposal of this appeal.
List for final hearing in due course.
C.C. as per Rules.
(RAJENDRA KUMAR VANI)
JUDGE
Monika
