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J. B. PARDIWALA, K. V. VISWANATHAN
Ajay Kumar Gupta – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. Exemption Application is allowed.
2. This petition arises from the order passed by the High Court of Madhya Pradesh dated 19-12-2025 in I.A. No.29705/2025 preferred in Criminal Appeal No.5097/2025 by which the I.A. preferred by the petitioner – herein praying for suspension of the substantive order of sentence passed by the Special Judge(NDPS) in NDPS Case No.169/2021 came to be rejected.
3. I appears from the materials on record that the petitioner was put to trial in the Court of Special Judge, District Rewa, Madhya Pradesh in NDPS Case No.169/2021 for the offence punishable under section 8(c) read with section 21-C of the NDPS Act.
3. The trial Court held the petitioner guilty of the alleged offence and sentenced him to undergo rigorous imprisonment for 10 years with fine of Rs.1,00,000/- with default stipulations.
4. The petitioner, being dissatisfied with the Judgment and Order of conviction passed by the trial Court, has preferred Criminal Appeal No.5097/2025 in the High Court. The appeal has been admitted. In the said appeal, the petitioner prayed by way of I.A. that he be released on bail pending final disposal of the appeal by suspending the substantive order of
The High Court's denial of suspension of sentence was unjustified given the appellant's lengthy imprisonment and the need for timely appeal consideration.
The court determines that bail should be granted pending appeal where there is a considerable delay in proceedings and the sentenced term is not life imprisonment.
Excessive duration of custody during appeal undermines constitutional rights, warranting suspension of sentence under NDPS Act when significant time has been served and appeal hearings are delayed.
Suspension of sentence should be considered liberally unless there is any statutory restriction, and the appellate Court has the discretion to suspend a sentence awarded under the NDPS Act, emphasizi....
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