Citation : 2021 Latest Caselaw 7123 MP
Judgement Date : 8 November, 2021
1 CRR-2747-2021
The High Court Of Madhya Pradesh
CRR No. 2747 of 2021
(TALIF Vs STATE OF M.P.)
2
Jabalpur, Dated : 08-11-2021
Mr.Satyam Agrawal, learned counsel for the applicant.
Ms.Geeta Yadav, learned P.L. for the respondent/State.
Heard on admission.
This revision seems to be arguable, therefore, admitted for hearing. Heard on I.A.No.19122/2021, which is first application for
suspension of sentence and grant of bail to the applicant.
By the impugned judgment dated 24.9.2021 the Second Additional Sessions Judge, Ashtha, District Sehore has dismissed appeal and affirmed the judgment of conviction of the trial Court whereby the applicant has been convicted under section 51 of Wild Life Protection Act and sentenced to undergo R.I. for 3 months with fine of Rs.600/- with default stipulation.
Learned counsel for the applicant submits that the sentence awarded to the applicant is only R.I. for 3 months. The learned lower appellate Court has passed the impugned judgment without properly appreciating the oral and
documentary evidence available on record. The applicant is in custody since the date of judgment and disposal of this revision would take considerable time, hence, the jail sentence of the applicant be suspended and he be released on bail.
Considering the nature of offence and period of jail sentence awarded to the applicant, without commenting upon the merits of the case, this application is allowed.
It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon applicant-Talif shall remain suspended during the 2 CRR-2747-2021 pendency of this case and he shall be released on bail.
The applicant shall appear before the trial Court concerned on 07.3.2022 and on all such subsequent dates, as may be fixed in this regard during pendency of this revision.
Record of the Court below be requisitioned. List for final hearing in due course.
(SMT. ANJULI PALO) JUDGE
RM
Signature Not Verified SAN
Digitally signed by RAJESH MAMTANI Date: 2021.11.08 19:04:38 IST
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