Krishna Kumar vs The State Of Madhya Pradesh
2021 Latest Caselaw 451 MP

                                                                           1                               CRR-329-2021
                                                The High Court Of Madhya Pradesh
                                                           CRR-329-2021
                                                    (KRISHNA KUMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                        2
                                        Jabalpur, Dated : 03-03-2021

                                        Shri Bhupendra Shukla, learned counsel for the applicants.

                                        Shri Rakesh Singh, learned Panel Lawyer for the respondent/State.

Record of the Courts below has been received.

This criminal revision assails the order dated 05.02.2021 passed in Criminal

Appeal No.172/20147 by 1st Additional District Judge-Balaghat, District- Balaghat whereby the applicants have been convicted under Section 34 (2) of the M.P. Excise Act, 1915 and have been sentenced to undergo rigorous imprisonment for a period of 1 year and six months and a fine in the sum of Rs.25,000/- each with default stipulation.

I.A.No. 2099/2021, first application for interim suspension of sentence moved on behalf of applicants Krishna Kumar and Anil, is taken up and considered.

Learned counsel for the applicants submits that the applicants are in jail since the date of judgment of the Appellate Court i.e. 05.02.2021

Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for suspension of sentence is made out.

In view of above and looking to the present scenario of Covid-19 pandemic and the short sentence awarded to the applicants, it would be appropriate to extend the benefit of interim suspension of sentence to them.

In view of above, it is directed that applicants shall be released on interim bail on the applicants furnishing bail bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount each to the satisfaction of the concerned Magistrate.

The learned concerned Magistrate and the prosecution are directed to ensure Signature Not Verified SAN following of Covid-19 precautionary protocol prescribed from time to time Digitally signed by S HUSHMAT HUSSAIN Date: 2021.03.04 16:06:23 IST 2 CRR-329-2021 by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the applicants during period of suspension of sentence as a consequence of this order.

C.c. as per rules.

(SHEEL NAGU) JUDGE

sh

Signature Not Verified SAN

Digitally signed by S HUSHMAT HUSSAIN Date: 2021.03.04 16:06:23 IST