Anees Khan & Another vs State of M.P

Heard on on I.A.No.6169/2020, which is second application for suspension of sentence and grant of bail under Section 389 (1) of the Cr.P.C filed on

behalf of appellant no.1 Anees Khan for suspension of his jail sentence awarded by the Court of Additional Session Judge & Special Judge (NDPS

Act) District Damoh in NDPS Case no.200007/2014 vide its judgment dated 26.12.2019 convicting him under section 20 (B) (ii) (B) of the NDPS Act

and sentencing him to undergo RI for 1 year along with fine of Rs.5000/- with default stipulation as mentioned in the impugned judgment First

application was dismissed on merits vide order dated 05.02.2020 with the observation that at present stage he is not entitled to get benefit of

suspension of sentence. Thereafter near about 6 months have been passed and 3/4th sentence has been completed

It is submitted by the learned counsel for the appellant that appellant has completed more than a year in custody and disposal of appeal would take

long time. Appellant has no criminal antecedents and there is no likelihood of him being absconding. If his jail sentence is not suspended then the

appeal will be futile. Hence, his jail sentence be suspended.

Learned panel lawyer for the respondent State has opposed the application for suspension of sentence and grant of bail.

Having considered the facts and circumstances of the case, in view of this Court, the appellant is entitled to suspension of sentence. Hence, second

application being I.A.No.6169/2020 is allowed. It is directed that subject to payment of fine amount, if not already deposited, execution of jail

sentence of appellant Anees Khan shall remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal

bond for a sum of Rs.40,000/- with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court

on 22.12.2020 and thereafter on all other such subsequent dates as may be fixed by that Court in this regard.

In case, the appellant is found absent on any date fixed by the trial Court then the trial Court shall be free to issue and execute warrant without

referring the matter to this Court, provided the Registry of this Court is kept informed.

List the appeal for final hearing as per its turn.

C.C. as per rules.