Babu Sonkar vs The State Of Madhya Pradesh
2021 Latest Caselaw 6783 MP

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                                                               CRA-2341-2021



        THE HIGH COURT OF MADHYA PRADESH
                          CRR-2341-2021
             (Babu Sonkar vs The State of M.P. and another)

Jabalpur, Dated 25-10-2021.
      Shri Ravi Tiwari, learned counsel for the applicant.
      Shri Amit Pandey, Panel Lawyer for the respondent/State.

Heard on I.A No. 17249/2021, which is the first application under Section 389 of the Code of Criminal Procedure for suspension of sentence.

2. The petitioner has been convicted under Section 34 (2) of M.P. Excise Act, 1915 and his conviction has been upheld by the First Appellate Court vide impugned judgment and order dated 17.9.2021.

3. The submission of the learned counsel for the petitioner is that he has been falsely implicated in the case. Independent witnesses have not supported the case of the prosecution, the petitioner was having some criminal record, he was caught by the police for violation of some provisions of Motor Vehicles Act but as the police was annoyed with him due to his criminal antecedents, it registered a false case making frivolous recovery of illicit liquor. He is in jail since 10.1.2021 and has completed 9 months and a half out of one years of sentence. His petition will render infructuous if he is not granted suspension. He has a good case in his favour; therefore, his sentence be suspended.

4. Learned Panel Lawyer has pointed out that the petitioner has criminal record of 17 cases; out of them 13 cases have been registered under Section 34 (2) of the M.P. Excise Act. He is a habitual offender. Investigating Officer as well as Seizing Officer have supported the case of the prosecution. Other other police

CRA-2341-2021

officials who accompanied the Seizing Officer have also supported the case of the prosecution. There is no dispute that the article seized from the possession of the petitioner was liquor. This is not the case of the petitioner that he was having valid license to keep the liquor in his possession. The judgment passed by the Trial Court is well reasoned and based on correct appreciation of evidence. He is ready to argue the matter finally even today. There is no possibility of delay in hearing and disposing of the petition finally. Therefore, sentence of the petitioner be not suspended.

5. Learned counsel for the petitioner submitted that co-accused of this case has also been convicted. He has preferred an appeal before the Sessions Court and his appeal is still pending.

6. I have considered the rival contentions of the parties and perused the record.

7. Considering the statement of Seizing Officer and other Police officials and their cross-examination, I do not find any ground to allow the suspension at this stage. Therefore, the I.A No. 17249/2021 is dismissed. However, list this case for final hearing at motion stage on 9.11.2021.

(Virender Singh) V. JUDGE

vivek

Digitally signed by VIVEK KUMAR TRIPATHI Date: 2021.10.27 15:07:57 +05'30'