Shehzad vs The State Of M.P
2021 Latest Caselaw 3986 MP

                                   1                              CRR-1755-2021
        The High Court Of Madhya Pradesh
                   CRR-1755-2021
                           (SHEHZAD Vs THE STATE OF M.P)

1
Jabalpur, Dated : 05-08-2021
      Heard through Video Conferencing.
      Mr.Satyam Agrawal, learned counsel for the applicant.
      Mr.Puneet Shroti, learned Panel Lawyer for the respondent/State.

Let record of the courts below be called for. The revision is admitted for hearing.

Considered I.A.No.13926/2021, an application for suspension of sentence and grant of bail.

The conviction and sentence of the applicant has been affirmed vide impugned judgment dated 20.7.2021 passed by learned lower appellate Court in Criminal Appeal No.60/2020. The applicant has been convicted by the trial Court vide judgment dated 25.2.2020 passed in Criminal Case No.15/2017 for offences under sections 26(1) of Indian Forest Act, 1927 and 16 of M.P. Vanopaj (Vyapar Viniyam) Act, 1969 and sentenced to under R.I. for 6 months each with fine of Rs.1000/- each with default stipulations.

Learned counsel for the applicant submitted that impugned judgment is bad in law inasmuch as the learned lower appellate has not properly appreciated the oral and documentary evidence available on record. The applicant is in custody since the date of judgment. The applicant was on bail during trial and he never misused the liberty. The final disposal of this revision would take considerable time. Therefore, remaining jail sentence of the applicant be suspended and be released on bail.

Learned Panel Lawyer has opposed the prayer for bail. Considering the facts and circumstances of the case and the quantum of sentence awarded to the applicant, disposal of revision would take considerable time, without commenting on the merits of the case, I.A. No. 13926/2021 is allowed. It is directed that subject to furnishing a personal 2 CRR-1755-2021 bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, the remaining part of the substantive jail sentence imposed upon applicant- Shehzad s/o Rasid shall remain suspended during the pendency of this case and he shall be released on bail.

T h e applicant shall appear before the trial Court concerned on

29.11.2021 and on all such subsequent dates, as may be fixed in this regard during the pendency of this case.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH T MAMTANI Date: 2021.08.05 18:43:02 IST