Randheer vs State Of Madhya Pradesh

Prem Narayan Singh, J

Heard on the question of admission.

This appeal is admitted for final hearing.

Also heard on I.A. No.13661/2023, which is an application filed on behalf of the appellant for suspension of sentence and grant of bail.

The appellant has been convicted under Section 8(c)/20(b)(ii)(b) of the Narcotic Drugs and Psychotropic Substance Act, 1985 and sentenced to undergo 1 year R.I. with fine of Rs.10,000/- usual default stipulation.

As per prosecution story, the allegation against the present appellant, is that 2.350 grams of Ganja was recovered from the possession of the appellant.

6 . Learned counsel for the appellant submitted that the appellant is innocent and has falsely been implicated in this matter. The appellant is in custody from 31.08.2023. 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.

8 . Looking to the facts and circumstances of the case, contention of learned counsel for the appellant and short sentence of the appellant, without commenting on the merits of the case, the application is allowed and 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 28.11.2023 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A. No.13661/2023 is hereby allowed and disposed of.

Let the record of the Court below be called for.

List the matter for final hearing in due course.