DURGESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed I.A. No.8205/2024 an application under Sec. 389(1) of Code of Criminal Procedure for suspension of jail sentence. Appellant has been convicted under Ss. 8/20 of NDPS Act and sentenced to undergo R.I. for 3 years with fine of Rs.10,000.00 with default stipulations. It is submitted by learned counsel for the appellant that appellant has been convicted for short fixed term sentence of 3 years. He was in jail between 19/1/2022 to 27/7/2022 for period of 189 days i.e. for about 6 and half months. Considering the short fixed term of sentence and period of incarceration, sentence may be suspended and appellant may be released on bail.

(2.) Learned Govt. Advocate appearing for the respondent/State opposed the application for suspension of sentence and submitted that offence is serious in nature. Heard the counsel for the parties. Considering the period of incarceration and term of sentence imposed against the appellant, I.A. for suspension of sentence is allowed.

(3.) It is hereby directed that the custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail, on his depositing the entire amount of fine and on his furnishing a personal bond in the sum of Rs.1,00,000.00 (Rs. One Lakh Only) with one solvent surety bond of the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 2/7/2024 and on other dates as may be fixed in this regard till final disposal of this appeal. List the appeal for admission alongwith the records after four weeks. C.C. as per rules.