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Judgment
13 paragraphs · 379 wordsPrem Narayan Singh, J
Heard on admission.
Prima facie this appeal seems to be arguable. Hence, admitted for final hearing.
Call for the trial Court record.
Also heard on I.A.No.8985/2023, an application under Section 389 of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant.
T he appellant has been convicted for commission of offence under Section 8/20 (B)(II)(c) of NDPS Act and has been sentenced to undergo R.I. for 10 years and fine of Rs.1,00,000/- with default stipulation by the learned
Special Judge, Ujjain vide judgment dated 19.05.2023, passed in Session Special Case No.14/2018.
Learned counsel for the appellant has submitted that appellant has completed more than half of the jail sentence. Under similar circumstances, co- accused Antar Singh has been granted bail by this Court in Cr.A. No.7150/2023. Learned counsel further submitted that he has fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.
On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant and submitted that primafacie no case is made out for suspension of sentence of the appellant.
Considering the fact that the appellant has completed more than half of the jail sentence and other facts and circumstance of the case, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.
Consequently, I.A.No.8985/2023 is allowed. The execution of jail sentence of appellant is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty 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 trial Court on 17.08.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.
List the case for final hearing in due course after receipt of the record.
Certified copy as per rules.