Satyanarayan vs State Of M.P

Heard on IA No.2682/2020 which is an application for suspension of sentence of appellant Satyanarayan u/S.389(1) of the Cr.P.C pending the appeal.

The appellant has been convicted for offence u/S.8/18(B) of the NDPS Act and sentenced to undergo ten years RI with fine of Rs.1,00,000/- with

default stipulation.

Learned counsel for appellant submits that the appellant has already remained in custody for five years and six months which is more than half of the

sentence awarded to the appellant. He further submits that on the ground of delay in trial he was granted bail during the trial and that he has not

misused the liberty of bail. He also submits that seizure witnesses have turned hostile and there is non compliance of Sec.50 of the Act. In support of

his submission he has placed reliance upon the judgment of the Supreme Court in the matter of State of Rajasthan Vs. Parmanand and another 2014

Cr.L.R (SC) 290.

Learned counsel for State has opposed the suspension application.

Having regard to the circumstances which are pointed out by learned counsel for appellant and considering the period of custody, I am of the opinion

that a case for grant of suspension of sentence is made out. Accordingly, I.A is allowed and it is directed that on furnishing bail bond to the tune of

Rs.50,000/- (Rs. Fifty Thousand) with one separate surety in the like amount to the satisfaction of the trial Court for his appearance before the

Registry of this Court on 02/09/2020 and on subsequent dates as may be fixed by the Registry, the appellant be released on bail and the substantive

sentence shall remain suspended pending this appeal.

IA No.2682/2020 stands disposed of.

C.C.as per rules.