Vijay vs The State Of Madhya Pradesh
2022 Latest Caselaw 376 MP

                                  1                                 CRR-3324-2021
        The High Court Of Madhya Pradesh
                 CRR No. 3324 of 2021
                (VIJAY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 07-01-2022
      Ms. Shrishti Kashyap, learned counsel for the applicant.

      Ms. Shikha Baghel, learned Panel Lawyer for the State.
      Heard on the question of admission.
      Revision is admitted for final hearing.
      Records of the Courts below is available.

      Al so heard on I.A. No.21930/2021, which is first application
under Section 389(1) of the Code of Criminal Procedure on behalf of
applicants - Vijay and Kailashi @ Chachcha for suspension of sentence
and grant of bail.
      Applicants stands convicted vide impugned judgment dated
27.11.2021

in Cr.A.No.46/2021 and Cr.A. No.45/2021 passed by Ist Additional District Judge Sagar (M.P.), arising out of the judgment and findings dated 19.07.2021 passed by Chief Judicial Magistrate, Sagar in RCT No.1648/2017, convicting the applicants for the offence punishable

under Sections 9, 39, 44, 48, 48A, 49, 49B r/w Section 51(1), 51(1-A) of Wild Life Animal Protection Act, 1972 (amended 2003) and sentenced to undergo R.I. for 4 year each with fine of Rs.20,000/- each, with default stipulations.

Learned counsel for the applicants submitted that applicants have already deposited the fine amount. Therefore, 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 opposed the prayer for suspension of sentence.

Considering the overall facts and circumstances of the case, without commenting on merits, the application is allowed. It is directed 2 CRR-3324-2021 that on furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) each with a solvent surety each in a like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon the applicants - Vijay and Kailashi @ Chachcha 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 28.04.2022 and on all such subsequent dates, as may be fixed in this regard.

Accordingly, I.A. No.21930/2021 stands allowed disposed of. List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.01.10 16:51:25 IST