Mukesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 4474 MP

                                   1                             CRR-1114-2021
        The High Court Of Madhya Pradesh
                   CRR-1114-2021
                    (MUKESH Vs THE STATE OF MADHYA PRADESH)

2
Indore, Dated : 18-08-2021
      Shri Manu Maheshwari, learned counsel for the petitioner.
      Shri Chetan Jain, learned Panel lawyer for the respondent-State.

Heard through Video Conferencing.

Also heard on I.A.No.12213/2021, an application under Section 397(1) of Cr.P.C. for suspension of sentence filed on behalf of petitioner.

The petitioner has been convicted under Section 34(2) of M.P. Excise Act and sentenced to suffer 01 year RI with fine of Rs.25,000/- with default stipulation vide judgment of conviction dated 10/02/2020 passed by Chief Judicial Magistrate Ujjain in Criminal Case No.4716/2019 . The appellate Court has affirmed the same vide judgment dated 18/03/2021 passed in Criminal Appeal No.28/2020.

As per prosecution story, 540 bulk liters of illicit liquor was recovered from unauthorized and illegal joint possession of the petitioner and co- accused Gattu @ Jaswant. Accordingly, case has been registered against the

petitioner. Both the Courts below after carefully examining the evidence on record has convicted the petitioner as referred above.

Learned counsel for the petitioner submits that petitioner is innocent. the Courts below have not properly appreciated the evidence and have wrongly convicted the petitioner. During trial, petitioner remained on bail and did not misuse the liberty granted to him. Out of total 01 year, petitioner has suffered almost five month imprisonment (i.e. from 18/03/2021 till date). Fine amount has been deposited. Due to Covid-19 pandemic, final hearing of criminal revisions are not taking place. Therefore, prays for suspension of sentence and enlargement of petitioner on bail, on such terms and conditions this Court deems fit and proper.

Per contra, learned Panel Lawyer opposes the prayer for suspension 2 CRR-1114-2021 of sentence.

U p o n hearing learned counsel for the parties, and taking into consideration the fact that fine amount has been deposited and petitioner is in jail since 18/03/2021 and the disposal of revision will take time during Covid- 19 pandemic, hence, I.A. is allowed.

I t is directed that the jail sentence of the petitioner shall remain

suspended subject to deposit of fine amount, if not already deposited, and he be released on bail on his furnishing a personal bond 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 petitioner is directed to appear before the Registry of this Court on 28/10/2021 and on other subsequent dates as may be fixed in this behalf with following further conditions. :-

(i) the concerned jail authorities are directed that before releasing the petitioner, the medical examination of the petitioner be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the petitioner shall be released on bail in terms of the conditions imposed in this order ;

(ii) violation of conditions, State is free to apply for cancellation of bail. Accordingly, the IA stands disposed of.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.

E-Certified copy as per rules.

(ROHIT ARYA) JUDGE

vc

VARSHA Digitally signed by VARSHA CHATURVEDI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH

CHATURV COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=df59fbf0f5c7485addc8affe3edf20

EDI e67d11d7f91045d81139f6792fbd4ae91f, cn=VARSHA CHATURVEDI Date: 2021.08.18 19:19:03 +05'30'