Subhash Kuchbandiya vs State Of Madhya Pradesh

Rajendra Kumar Vani, J

Heard on admission.

The appeal being arguable is admitted for final hearing.

Further heard on I.A. No.8419 of 2026, first application under Section 430 of BNSS / 389(1) of the Code of Criminal Procedure for suspension of jail sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 11.03.2026 passed by the learned Special Judge, NDPS Act, 1985, Bhopal, District Bhopal (M.P.), in Special Case No.20 of 2015, whereby the present appellant has been convicted under Section 8/20(b)(ii)(b) (the section having been mentioned as 'b' instead of 'B') of the NDPS Act, 1985 and sentenced to undergo R.I. for one year and fine of Rs.5,000/- with default stipulation.

Learned counsel appearing on behalf of the present appellant has pointed out that the learned trial Court has erred in convicting the appellant without proper appreciation of the facts and evidence on record. It is contended that the present appellant has the exact parity with the other co-accused namely, Sushil Agrawal and Virendra Kuchbandhiya, who have also been extended the benefit of suspension of sentence and have been released on bail by this Court vide order dated 09.04.2026 in CRa No.2773 of 2026. It is further submitted that the present appellant has a good case on merits. He is ready to comply with the conditions as may be imposed by this Court. The present appeal will take considerable time for its disposal. In view of the aforesaid, benefit of suspension of sentence may be granted and the present appellant may be released on bail during pendency of this appeal.

On the other hand, learned counsel for the State has opposed the prayer made by the appellant. However, he fairly concedes the factum of parity.

Considering the overall facts and circumstances of the case and having regard to the order dated 09.04.2026 passed by this Court whereby the co-accused persons have been released on bail and considering the parity with them of the present appellant, coupled with the fact that the appeal will take a considerable time for its disposal, but without expressing any opinion on the merits of the case,

I.A. No.8419 of 2026 is allowed.

It is directed that subject to depositing the entire fine amount, if not already deposited, and on furnishing personal bond of Rs.70,000/- (Rupees Seventy Thousand Only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant shall remain suspended and he be released on bail. The present appellant is further directed to mark his appearance before the concerned trial Court on 03.08.2026 and on subsequent dates as may be fixed by the trial Court in this regard, till final disposal of this appeal.

List this case for final hearing in due course. Certified copy as per rules.