Madhya Pradesh High Court
Hussain Dana vs The State Of Madhya Pradesh on 5 August, 2021
Author: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
CR. REV. No. 1569 / 2021
HUSSAIN DANA Vs. STATE OF MP
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INDORE, Dated : 05/08/2021
Heard through video conferencing.
Mr. Yogesh Kumar Gupta, learned counsel for the petitioner.
Mr. Jayesh Vyas, learned PL for the respondent - State.
The present revision is arising out of the judgment of
conviction dated 30/1/2019 passed by the Judicial Magistrate First
Class, Jaora, Distt. Ratlam in R.C.T.No. 382/2010. The appellant has
been convicted for an offence u/S. 6 read with Sec. 9 of the M. P.
Govansh Vadh Pratishedh Adhiniyam and sentenced to 6 months RI
with fine Rs.1,000; u/S. 11-D of Prevention of Cruelty to Animals
Act, 1960 with fine Rs.50 and Sec. 6 read with Sec. 11 of M.P. Krishi
Upayogi Pashu Parirakshan Adhiniyam and sentenced to 6 months RI
with fine Rs.500/-, with default stipulation. The judgment of
conviction has been affirmed by the first appellate Court vide
judgment dated 7/7/2021 passed by the learned First Addl. Sessions
Judge, Jjaora, Distt. Ratlam in Cr.A.No. 08/2019.
Learned counsel for the appellant has argued before this Court
that the Courts below committed legal and factual error by passing
the impugned judgment on the basis of conjectures and surmises and
making certain presumptions due to which the impugned order
deserves to be set aside. The applicant remained on bail during trial
and pendency of the appeal. There are lot of contradictions and
omissions in the present case and the applicant has been implicated
falsely. It is further argued that final hearing of the present revision is
likely to take a long time. In such conditions the applicant be released
on bail and the execution of remaining jail sentence be suspended
during pendency of the present revision.
Per contra, learned counsel for the respondent - State opposes
the application and prays for its rejection.
Considering the peculiar facts and circumstances of the case
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
CR. REV. No. 1569 / 2021
HUSSAIN DANA Vs. STATE OF MP
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and also the fact that applicant was on bail during trial and during
pendency of the appeal, final hearing of the present revision is likely
to take a long time, this Court is of the considered opinion that the
present application deserves to be allowed and is accordingly hereby
allowed.
The execution of substantive jail sentence awarded to applicant
Hussain Dana shall remain suspended and he be released on bail on
his furnishing personal bond of Rs.40,000/- (Rs. Forty thousand) with
one surety in the like amount to the satisfaction of the trial Court for
his appearance before the Office / Registry of this Court on
26/10/2020 and on such other dates as may be fixed in this behalf.
The Revision is admitted for final hearing.
Office is directed to requisition the record.
List for hearing in due course.
Certified copy, as per Rules.
(ANIL VERMA)
JUDGE
KR
Digitally signed by KAMAL RATHORE
Date: 2021.08.05 15:52:24 +05'30'
