Madhya Pradesh High Court
Raju vs The State Of Madhya Pradesh on 16 February, 2022
Author: Sunita Yadav
1
The High Court Of Madhya Pradesh
CRR No. 406 of 2022
(RAJU Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 16-02-2022
Shri S.K.Gangrade, learned counsel for the applicant.
Ms.Shanti Tiwari, learned Panel Lawyer for the respondent/State.
Record of the trial Court has been received.
Heard on the question of admission.
Revision is admitted for final hearing.
Heard on I.A. No.2031/2022, which is an application under Section 397 of
Cr.P.C. for suspension of sentence and grant of bail to the applicant-Raju.
The revision has been preferred by the applicant under Section 397(1) of
the Cr.P.C. against the impugned judgment dated 31.01.2022 in Cr.A.No.13/2021
passed by learned Sessions Judge, District Betul (M.P.), arising out of the
judgment and findings dated 18.03.2021 passed by Judicial Magistrate First Class,
District Betul (M.P.) in Criminal Case No.3699/2015, convicting the applicant for
the offences punishable under Section 16 of M.P. Van Upaj(Vyapar Viniyaman)
Adhiniyam, 1969 and sentencing him to undergo R.I. for six months, with fine of
Rs.5,000/-, with default stipulation.
Learned counsel for the applicant submits that applicant is innocent and he
has been falsely implicated. He has further submitted that the search warrant was
not issued against the present applicant, therefore, the applicant cannot be held
responsible for the offence. He has further submitted that PW-2 Hari Prasad Pal
has not supported the case of the prosecution and stated that logs were seized
from the field. He has further submitted that applicant was on bail during trial and
has not misused the liberty granted to him. He has further submitted that trial will
take time for its final disposal, therefore, he prays for suspension of sentence and
grant of bail.
On the other hand, learned Panel Lawyer opposed the application and
prayed for rejection of the same.
Signature
SAN Not Looking to the overall facts and circumstances of the case and the
Verified
Digitally signed by arguments rendered by the applicant, but without expressing any opinion on the
SARSWATI MEHRA
Date: 2022.02.17
15:23:00 IST
merits of the case, this Court is inclined to suspend the further custodial sentence
of the applicant till final disposal of the revision. Hence, I.A.No.2031/2022 is
allowed.
It is directed that on depositing fine amount, if not already deposited and on
furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only)
with one solvent surety in the like amount to the satisfaction of the trial Court for
his appearance before the trial Court on 04.04.2022 and all other subsequent dates
as may be fixed by the trial Court in this regard, the remaining part of the execution
of substantive jail sentence of the applicant shall remain suspended and he be
released on bail.
It is further directed that if the applicant is found indulged in any other
criminal activity during suspension of his jail sentence, the bail granted in this case
shall stand cancelled.
Jail authorities and State are directed to follow the guidelines issued by the
Ministry of Health/State/Center in the wake of widespread of Novel Corona Virus
(COVID-19) before and after release of the applicant from the jail.
List this case for final hearing in due course.
Certified copy as per rules.
(SUNITA YADAV)
JUDGE
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