DANI SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on IA No.4508/2023, which is FIRST application filed under Sec. 389 (1) of Code of Criminal Procedure, 1973 on behalf of appellant Dani Singh S/o Shambhulal Meena for grant of bail and suspension of remaining jail sentence.

(2.) The appellant has been convicted for offence under Sec. 8 read with Sec. 18 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo two years rigorous imprisonment and fine of Rs.10,000.00 along with usual default stipulation.

(3.) Learned counsel for the appellant submits that the appellant is in custody from the date of judgment i.e. 14/3/2023. During trial, he remained on bail and did not misuse the liberty granted to him. There is strong case in favour of the appellant. Final hearing of the appeal will take considerable long time. Under these circumstances, he prays that the application be allowed and the remaining jail sentence of the appellant be suspended till final disposal of the appeal. Per contra, learned counsel for the respondent / State opposes the prayer for grant of bail and suspension of remaining jail sentence of the appellant and prays for its rejection. Considering all the facts and circumstances of the case, arguments advanced by both the parties as also taking note of the fact that the appellant remained on bail during trial and he did not misuse the liberty granted to him and the final hearing of appeal is likely to take time, I deem it proper to suspend the remaining jail sentence of appellant.