Ravi vs The State Of Madhya Pradesh
2021 Latest Caselaw 5803 MP

                                  1                               CRR-2241-2021
        The High Court Of Madhya Pradesh
                   CRR-2241-2021
                      (RAVI Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 21-09-2021
      Heard through Video Conferencing.
      Mr.Amit Dubey, learned counsel for the applicant.
      Mr.Manoj Kushwaha, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

This revision is admitted for final hearing. Let records of the Courts

below be requisitioned.

Also heard on I.A.No.16696/2021, which is first application for suspension of sentence on behalf of applicant-Ravi and grant of bail.

Applicant has been convicted by the learned trial Court vide impugned judgment dated 28.08.2021 in Cr.A.No.07/20 passed by Sessions Judge, Raisen District Raisen (M.P.), arising out of judgment and findings dated 24.01.2021 passed by Judicial Magistrate First Class, Raisen in Case No.1488/2014 for the offence punishable under Section 27/51 of Wild Life Protection Act and sentenced him to undergo R.I. for six months with fine of

Rs.500/- and Section 33(1) (cha) of Indian Forest Act and sentenced to RI for six months with fine of Rs.500/- with default stipulations.

Learned counsel for the applicant submits that the applicants are innocent and has been falsely implicated in the present case. The learned lower appellate court has passed the impugned judgment without properly appreciating the oral and documentary evidence on record. Co-accused persons, namely, Sugreev Singh and Chandan Singh have been granted bail and substantive jail sentence has been suspended vide order dated 14.9.2021 passed in CRR No.2130/2021. Therefore, it has been prayed that the substantive jail sentence of the applicant be suspended.

Learned Panel Lawyer for the State has strongly opposed the prayer for suspension of sentence.

2 CRR-2241-2021 Considering the overall facts and circumstances of the case, the quantum of sentence awarded by the trial court, principle of parity; and the fact that disposal of instant revision would take considerable time due to COVID-19, without commenting on merits, the application is allowed. It is directed that on furnishing personal bond in the sum of Rs.40,000/-

(Rupees forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon the applicant - Ravi shall remain suspended during the pendency of this case and he shall be released on bail.

The applicant shall appear before the trial Court concerned on 08.12.2021 and on all such subsequent dates, as may be fixed in this regard.

Accordingly, I.A.No.16696/2021 is allowed. List for final hearing in due course.

Certified copy as per rules.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH T MAMTANI Date: 2021.09.21 18:14:55 IST