Dani Singh vs The State Of Madhya Pradesh

Anil Verma, J

Heard on IA No.4508/2023, which is FIRST application filed under section 389 (1) of Code of Criminal Procedure, 1973 on behalf of appellant Dani Singh S/o Shambhulal Meena for grant of bail and suspension of remaining jail sentence.

The appellant has been convicted for offence under Section 8 read with Section 18 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo two years rigorous imprisonment and fine of Rs.10,000/- along with usual default stipulation.

Learned counsel for the appellant submits that the appellant is in custody from the date of judgment i.e. 14.03.2023. During trial, he remained on bail and did not misuse the liberty granted to him. There is strong case in favour of the appellant. Final hearing of the appeal will take considerable long time. Under these circumstances, he prays that the application be allowed and the remaining jail sentence of the appellant be suspended till final disposal of the appeal.

Per contra, learned counsel for the respondent / State opposes the prayer for grant of bail and suspension of remaining jail sentence of the appellant and prays for its rejection.

Considering all the facts and circumstances of the case, arguments advanced by both the parties as also taking note of the fact that the appellant remained on bail during trial and he did not misuse the liberty granted to him and the final hearing of appeal is likely to take time, I deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, IA No.4508/2023 i s allowed and the execution of remaining jail sentence of the appellant is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail upon his depositing the fine amount, if not already deposited, and upon furnishing a personal bond in the sum of Rs.75,000/-(Rupees Seventy Five 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 Registry of this Court on 05.10.2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

IA No.4508/2023 stands allowed and disposed off.

Let the record of the trial Court be requisitioned.

List the matter on the question of admission along with the record.