Sahab vs The State Of Madhya Pradesh
2022 Latest Caselaw 592 MP

                                               1                        CRR-3442-2021
             The High Court Of Madhya Pradesh
                      CRR No. 3442 of 2021
                           (SAHAB Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 12-01-2022
      Heard through Video Conferencing.

      Mr. Rajendra Yadav, learned counsel for the applicant.
      Mr. D.K. Khare, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

This criminal revision is admitted for hearing. Heard on I.A. No.22550/2021 which is first application for suspension of

sentence and grant of bail to the applicant.

The applicant stand convicted by the Courts below for offence punishable under Section 34 of the MP Excise Act and has been sentenced to undergo RI for one year with fine of Rs.25,000/- with default stipulation.

Learned counsel for the applicant submits that the applicant is innocent and the judgment passed by the Court below against him is perverse and illegal. It is further submitted that the applicant has been sentenced to undergo RI for only one year. The disposal of this revision would take considerable time. Therefore, he is entitled to be released on bail after suspension of his sentence.

Learned Panel Lawyer for the State has vehemently opposed application for suspension of sentence.

Considering the facts and circumstances of the case and the period of sentence awarded on the applicant, without commenting upon the merits of the case, I.A. No.22550/2021 is allowed. It is directed that on depositing fine amount, if not already deposited, and furnishing a 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, for his appearance before the trial Court on 29.04.2022 and on all other subsequent dates, as may be fixed by the trial Court in this regard, the remaining part of the substantive jail sentence imposed upon applicant, namely, Sahab shall remain suspended during the pendency of this case and he shall be released on bail.

Let the records of the Courts below be requisitioned.

2 CRR-3442-2021 List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.01.12 17:54:45 IST