Madhya Pradesh High Court
Mohd. Saleem @ Munna vs The State Of Madhya Pradesh on 8 September, 2021
Author: Arun Kumar Sharma
1 CRR-1954-2021
The High Court Of Madhya Pradesh
CRR-1954-2021
(MOHD. SALEEM @ MUNNA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 08-09-2021
Heard through Video Conferencing.
Shri Mithilesh Tripathi, Advocate for the applicant.
Shri Rajesh Sharma, P.L. for the State.
Record of the Courts below be called for.
Heard on I.A.No.15350/2021, which is an application for suspension
of sentence and grant of bail to the applicant.
The revision has been preferred under Section 397/401 of the Cr.P.C.,
1973 by the applicant against impugned judgment dated 11.08.2021 in
Cr.A.No.74/2019 passed by 1 st Addl. Sessions Judge Burhanpur, District
Burhanpur (M.P)., arising out of the judgment and findings dated 21.05.2019
passed by C.J.M. Burhanpur in CR. Case. No.3825/2006 and convicted the
applicant for the offence punishable under Section 6/9 of Govansh Pratished
Adhiniyam and has been sentenced to undergo R.I. for one year with fine of
Rs.5000/-, section 11-D of Cattle Cruelty Act with fine of Rs.50/- and
sections 6-B/10 of M.P. Agricultural Cattle Preservation Act and has been
sentenced to undergo R.I. for one year with fine of Rs.1000/- with default
stipulation.
Learned counsel for the applicant submits that the applicant has already
deposited the fine amount. He was on bail during the trial and he did not
misuse the liberty granted to him. He is in jail since 11.08.02021. There are
fair chances to succeed in the case. Final hearing of this revision will take
time. Therefore, the application filed on behalf of the applicant may be
allowed and period of his remaining jail sentence may be suspended and he
may be released on bail.
On the other hand, learned PL opposed the bail application and prayed
for rejection of the same.
2 CRR-1954-2021
Considering the contentions of learned counsel for the parties and
looking to the facts and circumstances of the case and revision will take time
for its final disposal but without expressing any opinion on the merits of the
case, I am of the considered opinion that it would be appropriate to suspend
the custodial sentence awarded to the applicant and grant bail to him.
Consequently, I.A.No.15350/2021 is allowed subject to deposit of fine
amount, if not already deposited. The custodial sentence awarded to the
applicant shall remain suspended during the pendency of this revision.
Applicant Mohd. Saleem @ Munna be released from custody on his
furnishing a personal bond in the sum of Rs.35,000/- with one solvent surety
in the like amount to the satisfaction of the Trial Court. The applicant shall
appear and mark her presence before Trial Court on 20.12.2021 and on
subsequent dates as may fixed by the trial Court from time to time till final
disposal of the case.
List for admission after receipt of the record.
Certified copy/e-copy as per rules.
(ARUN KUMAR SHARMA)
JUDGE
pn
Signature Not Verified
SAN
Digitally signed by PANKAJ NAGLE
Date: 2021.09.08 17:23:11 IST
