Harlal vs State Of Madhya Pradesh

Prem Narayan Singh, J

Heard on the question of admission.

The appeal appears to be arguable hence, admitted for final hearing.

Also heard on I.A. No.13690/2023, which is an application filed on behalf of the appellant for suspension of sentence and grant of bail.

The appellant has been convicted under Sections 8/18(b) of NDPS Act and sentenced to undergo 05 months R.I with fine of Rs.30,000/- and usual default stipulation.

Learned counsel for the appellant submitted that the the appellant is innocent and falsely been implicated in the present case. It is further submitted that out of five months two months have already been undergone. He further submitted that final hearing of this appeal is likely to take sufficient long time. Under these circumstances, looking to the short sentence, learned counsel prays that the application for suspension of sentence of the appellant be allowed.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application for suspension of sentence.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant, the short sentence of the appellant and the fact that the trial Court has already suspended the jail sentence of the appellant, without commenting on the merits of the case, the application is allowed.

It is directed that subject to depositing the fine amount, if already not deposited, the appellant shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 18.12.2023 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

Let the record of the Court below be requisitioned.

List the matter for final hearing in due course.

Certified copy, as per rules.