Rajesh Kapoor vs The State Of Madhya Pradesh
2021 Latest Caselaw 580 MP

           The High Court Of Madhya Pradesh
                         CRR-499-2021
     (RAJESH KAPOOR & OTHERS Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated : 09/03/2021

      Shri Rahul Bansal, learned counsel for the petitioners.

      Shri Rajeev Upadhyay, learned Public Prosecutor for the

respondent/State.

Heard on admission.

Admit.

I.A. No.6086/2021, an application for urgent hearing and

I.A.No.7363/2021, an application for amendment in record are

taken up, considered and allowed for the reasons mentioned

therein.

Let the necessary amendment be incorporated within two

working days.

Heard on I.A.No.7392/2021, an application under Section

397 read with section 401 of Cr.P.C. filed by the petitioners for

suspension of sentence and grant of bail.

Vide judgment dated 08/02/2021 passed by First Additional

District Judge, Sironj, District Vidisha (M.P.) in CRA

No.150/2019, the petitioners have been convicted and sentenced

as under:

The High Court Of Madhya Pradesh CRR-499-2021 (RAJESH KAPOOR & OTHERS Vs THE STATE OF MADHYA PRADESH)

Section Sentence Fine In default stipulation 9/51 of Indian Six months Rs. 1000/- each one months SI Wild Life imprisonment Protection Act,

It is submitted by learned counsel for the petitioners that

the Court below has wrongly convicted the petitioners without

appreciating the evidence and materials available on record. It is

further submitted that the sentence of the petitioners has already

been suspended by the trial Court. Learned counsel for the

petitioners further submits that hearing of this revision shall take

considerably long time. Under these circumstances, he prayed to

suspend the jail sentence of the petitioners and grant bail.

On the other hand, learned Public Prosecutor opposed the

prayer and prayed for dismissal of the application for suspension

of sentence.

In view of the aforesaid and considering the facts and

circumstances of the present case, without commenting upon the

merits of the case, it would be appropriate to accept the

application of the petitioners.

The High Court Of Madhya Pradesh CRR-499-2021 (RAJESH KAPOOR & OTHERS Vs THE STATE OF MADHYA PRADESH)

Consequently, I.A.No.7392/2021 is hereby allowed.

If the petitioners furnish a bail bond in the sum of

Rs.25,000/- (Rupees Twenty Five thousand Only) each along

with one surety bond of the like amount to the satisfaction of the

trial Court and undertakes that they will appear before the

Registry of this Court on 10/05/2021 and on subsequent dates

given by the office for his appearance till the disposal of the

present revision, then the petitioners shall be released on bail and

execution of jail sentence is suspended till the disposal of this

revision.

Certified copy as per rules.

(Rajeev Kumar Shrivastava) Judge Monika

MONIKA SHARMA 2021.03.10 10:53:50 +05'30'