Madhya Pradesh High Court
Brajbhan vs The State Of Madhya Pradesh on 6 December, 2021
Author: Rajeev Kumar Dubey
1 CRR-2540-2021
The High Court Of Madhya Pradesh
CRR No. 2540 of 2021
(BRAJBHAN Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 06-12-2021
Shri Manish Datt, learned Senior counsel with Shri Pawan Gujar,
counsel for the applicant.
Shri Alok Gupta, learned PL for the respondent/State.
Heard on the question of admission.
Revision seems to be arguable, hence it is admitted for final hearing.
Heard on I.A. No.18208/2021, which is an application for suspension
of the custodial sentence passed against the applicant and released him on
bail.
This revision has been filed against the judgment dated 30/09/2021
passed by II Additional Session Judge, Bina, District-Sagar (M.P.) in
Criminal Appeal No.26/2018 arising out of judgement of conviction dated
24/9/2018 passed by learned Judicial Magistrate First Class, Bina, District
Sagar in Criminal Case No.607/2013, whereby learned JMFC found the
appellant guilty for the offences punishable under Sections 14 & 15 of M.P.
Rajya Suraksha Adhiniyam, 1990 and sentenced him to undergo R.I. for two
years with fine of Rs.1,000/- and R.I. for two years with fine of Rs.2,000/-
respectively. Learned II Additional Sessions Judge while maintaining the
conviction of appellant under Section 14 & 15 of the M.P. Rajya Suraksha
Adhiniyam, only sentenced him under Section 15 of M.P. Rajya Suraksha
Adhiniyam, which is graver and directed him to suffer R.I. for two years with
fine of Rs.2,000/-.
Learned counsel for the applicant submitted that though Tek Singh
(PW-4), Investigation Officer of the crime deposed that he found the
applicant in the boundaries of District Sagar on 04/06/2013, thus he
violated/flouted externment order passed by District Collector, Sagar in
Criminal Case No.54/2011 but in this regard his statement do no corroborate
from the statements of independent witnesses of the case Virendra Dangi
Signature Not Verified
SAN
Digitally signed by VARSHA SINGH
Date: 2021.12.06 18:36:36 IST
2 CRR-2540-2021
(PW-1), Kamlesh (PW-2) and Dalchand Patel (PW-3). Even there is no
evidence on record to show that the applicant knowing well that externment
order was passed by the Collector against him violated that order. Learned
trial Court as well as appellate Court without appreciating these facts properly
wrongly found the applicant guilty for the aforesaid offence. The applicant is
in judicial custody since 13/9/2021 and hearing of this revision will take time,
so sentence of applicant be suspended and he be released on bail.
Learned counsel for the respondent/State submitted that the learned
trial as well as appellate Court did not commit any mistake in finding the
applicant guilty for the aforesaid offence. Hence, prayed for dismissal of the
application for suspension of sentence and grant of bail.
Looking to the facts and circumstances of the case, the contention of
learned counsel for the applicant and the fact that the applicant is in custody
since 13/09/2021 and according to listing policy hearing of this revision will
take time, the application is allowed. It is, therefore, directed that execution of
the jail sentence alone passed against the applicant shall remain suspended
during the pendency of this revision and he be released on bail upon
furnishing personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only)
with one surety in the like amount, to the satisfaction of the trial Court, for his
appearance before the Registry of this Court on 21/3/2022 and on such
further dates as may be fixed in this behalf by the Registry during the
pendency of this revision.
List the case for final hearing in due course.
Certified copy as per rules.
(RAJEEV KUMAR DUBEY)
JUDGE
VS
Signature Not Verified
SAN
Digitally signed by VARSHA SINGH
Date: 2021.12.06 18:36:36 IST
