Indrabhan Singh Parihar vs Regional Officer
2022 Latest Caselaw 9132 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 2541 of 2021 (INDRABHAN SINGH PARIHAR Vs REGIONAL OFFICER)

Dated : 08-07-2022 Shri N.S. Chauhan, learned counsel for the applicant.

Shri Mrityunjay Mishra, learned counsel for the objector. This Court in connected CRR No.2487/2021 waived the objection raised by the office regarding maintainability of the revision, because the Supreme Court vide orders dated 04.03.2022 and 09.05.2022 in SLP No.1860/2022 exempted the co-accused from surrendering before the trial Court. As the

present revision is also arising out of the same judgment, hence, the objection raised by the office regarding maintainability is waived.

Heard on I.A. No.18214/2021, an application filed on behalf of the applicant for suspension of sentence and grant of bail.

The applicant has been convicted by the trial Court under Section 15 of the Environment (Protection) Act and sentenced to undergo R.I. for one year with fine of Rs.10,000/-, with default stipulation.

The aforesaid conviction and sentence has been affirmed by the appellate Court.

Learned counsel for the applicant has submitted that the trial Court has n o t properly appreciated the oral and documentary evidence available on record. Maximum sentence awarded to the applicant is one year. Final disposal o f this revision will take considerable time, therefore, the jail sentence of the applicant may be suspended and he may be released on bail. Signature Not Verified SAN Learned counsel for the objector has opposed the application. Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.07.09 17:55:58 IST Looking to the nature of allegation against the applicant and period of jail

sentence awarded to the applicant, I find it to be a fit case to suspend the custodial sentence of the applicant and to release him on bail, therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of applicant namely Indrabhan Singh Parihar shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 02.12.2022 and on such other dates as may be fixed in this regard.

C.C. as per rules.

(SMT. ANJULI PALO) JUDGE

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.07.09 17:55:58 IST