Rajesh vs State Of Madhya Pradesh

Heard o n I.A.No.803/2020, which is fourth application under Section 389 (1) of the Cr.P.C filed on behalf of appellant Rajesh for suspension of his

jail sentence awarded by the Court of Special Judge (NDPS Act) District Balaghat in Special Case No.04/2014 vide its judgment dated 27.12.2016

convicting him under section 8/20 (B) (ii) (b) of the NDPS Act and sentencing him to undergo RI for 5 years along with fine of Rs.50,000/- with

default stipulation as mentioned in the impugned judgment. First application was dismissed on merits vide order dated 1.3.2017, second application was

dismissed for want of prosecution vide order dated 20.2.2018 and third application was dismissed as withdrawn vide order dated 9.4.2019.

It is submitted by the learned counsel for the appellant that the appellant is in custody since 27.12.2016 and during trial also he remained in custody 4

months 17 days. Accordingly, he has completed more than 4 years period in jail custody. Disposal of appeal would take long time. There is no

likelihood of his 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, fourth

application being I.A.No.803/2020 is allowed.

It is directed that subject to payment of fine amount, if not already deposited, execution of jail sentence of appellant Rajesh shall remain suspended

during the pendency of this appeal and he be released on bail on for a sum of Rs.50,000/- with one solvent the satisfaction of the trial Court for his

appearance before the trial Court on 25.11.2020 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.