Rustam Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6863 MP

                                   1                                CRR-2377-2021
        The High Court Of Madhya Pradesh
                   CRR-2377-2021
                  (RUSTAM SINGH Vs THE STATE OF MADHYA PRADESH)

3
Gwalior, Dated : 26-10-2021
       Shri Raghuveer Singh, learned counsel for the petitioner.

       Shri Avnees Singh, learned Public Prosecutor for respondent-State.

The revision being arguable is admitted for final hearing. I.A.No.29191/2021, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Also, heard on I.A.No.29192/2021, first application under Section 397 (1) of Cr.P.C. for suspension of sentence on behalf of the petitioner.

This criminal revision has been filed against the judgment dated 20/9/2021 passed by Sixth Additional Sessions Judge, Morena (M.P.) in Criminal Appeal No.47/2020 affirming the judgment of conviction and sentence dated 18/2/2020 passed by Judicial Magistrate First Class, Morena in Criminal Case No.1781/2019, by which the petitioner has been convicted under Section 34(2) of the Excise Act and has been sentenced to undergo rigorous imprisonment of one year with fine of Rs.25,000/- with default

stipulation.

It is submitted by learned counsel for the petitioner- Rustam Singh that the petitioner has been wrongly convicted by the appellate Court as well as by the trial Court. It is further submitted that the petitioner was on bail during the trial and never misused the liberty so granted to him an d fine amount has already been deposited by the petitioner. It is also submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, prays to suspend the jail sentence of the petitioner looking to the short period of jail sentence.

Counsel for the State vehemently opposed the submission and prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties and perused the materials available 2 CRR-2377-2021 on record.

Looking to the short period of jail sentence, without commenting on merits of the case, the application (I.A.No.29192/2021) is allowed and the remaining jail sentence of the petitioner is hereby suspended. It is hereby directed that on depositing the fine amount, if not already deposited, the petitioner shall be released on bail on his furnishing personal bond of

Rs.1,00,000/- (Rupees One Lac only) with one solvent surety of the like amount to the satisfaction of the concerned Court. The petitioner is further directed to mark his appearance before the Office of this Court on 20/12/2021 and on subsequent dates given by the Office in this regard, till final disposal of this revision.

The petitioner is further directed to inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the State Counsel to send copy of this order to SHO of concerned police station for information.

List the case for final hearing in due course. Let copy of this order be sent to the Court below concerned for compliance.

Certified copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

pwn* Pawan Kumar 2021.10.26 19:02:37 +05'30'