Komal vs The State Of Madhya Pradesh
2022 Latest Caselaw 1851 MP

Citation : 2022 Latest Caselaw 1851 MP
Judgement Date : 9 February, 2022

Madhya Pradesh High Court

Komal vs The State Of Madhya Pradesh on 9 February, 2022

Author: Anjuli Palo

                                  1
        The High Court Of Madhya Pradesh
                  CRR No. 428 of 2022
                (KOMAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 09-02-2022
       Heard through Video Conferencing.

       Shri B.K.Shukla, counsel for the applicants.
       Shri Yogesh Mishra, Panel Lawyer for the respondent/State.

Heard on the question of admission.

Revision is admitted for hearing.

Also heard on I.A.No.2167/2022, which is first application filed on

behalf of applicants for suspension of sentence and grant of bail.

Applicants stand convicted vide impugned judgment dated 02.02.2022 in Cr.A.No. 07/2020 passed by Second Additional Sessions Judge, District Harda (M.P.), arising out of the judgment and findings dated 11.01.2020 passed by the Chief Judicial Magistrate, Harda in RCT No. 501173/2013 for the offence punishable under Section 34(2) of the MP Excise Act and sentenced to undergo RI for 1 year with fine Rs. 25,000/- and default stipulation.

Learned counsel for the applicants submitted that applicants have been

sentenced with 1 year RI. Final disposal of this revision would take considerable time, hence, it is prayed that the substantive jail sentence of the applicants be suspended and they be released on bail.

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

Considering the overall facts and circumstances of the case, and the quantum of sentence awarded to the applicants, without commenting on merits, I.A.No. 2167/2022 is allowed.

It is directed that on furnishing personal bond in the sum of Rs. 30,000/- (Rupees Thirty Thousand Only) each with a surety each in the like amount to the satisfaction of the Court below, the remaining jail sentence imposed upon applicants - Komal and Ashok Singh shall remain suspended

during the pendency of this case and they shall be released on bail.

The applicants shall appear before the trial Court concerned on 05.07.2022 and on all such subsequent dates, as may be fixed in this regard.

Record of the Courts below be called for.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE vidya Digitally signed by SREEVIDYA Date: 2022.02.09 16:57:12 +05'30'