Citation : 2021 Latest Caselaw 1710 MP
Judgement Date : 30 April, 2021
1 Cr.R.No.950/2021
(Mohan Singh and another Vs. State of M.P.)
Indore : Dated 30.4.2021
Shri K.K.Tiwari, learned counsel for the applicants.
Shri R.K.Shastri, learned Panel Lawyer for the respondent/State.
Heard on admission through video conferencing.
The revision is admitted for final hearing.
Heard on I.A.No.6742/2021, an application for suspension of
sentence.
The applicants have been convicted under Section 34(2) of
M.P.Excise Act and sentenced to undergo one year RI with fine of
Rs.25,000/- with default stipulation, vide judgment dated 10.3.2021
passed by Special Judge (SC, ST (Prevention of Atrocities) Act), Rajgarh
(Biaora) in Cr.A.No.220/2015.
It is submitted that learned Courts below have wrongly convicted
the applicants. The learned Courts below have not properly appreciated
the evidence. The applicants were on bail during trial and they have not
misused the liberty. The disposal of revision will take time, hence prayed
for suspension of execution of jail sentence.
The prayer is opposed by the learned Panel Lawyer.
Taking into consideration that the applicants were on bail and they
have not misused the liberty, the disposal of revision will take time,
subject to depositing the fine amount, the application is allowed. It is
directed that the jail sentence of the applicants shall remain suspended
and they be released on bail on each of them furnishing a personal bond
(Mohan Singh and another Vs. State of M.P.)
in the sum of Rs.50,000/- (Rs.Fifty thousand only) with one solvent
surety in the like amount to the satisfaction of the trial Court. The
applicants are directed to appear before the Registry of this Court on
28.6.2021 and on other dates as may be fixed in this behalf.
Accordingly, the IA stands disposed of.
C.c.as per rules.
(Rohit Arya) Judge
Patil
Digitally signed by SHAILESH PATIL Date: 2021.05.01 10:29:18 +05'30'
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