Zakir vs The State Of Madhya Pradesh
2022 Latest Caselaw 7585 MP

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  IN THE HIGH COURT OF MADHYA PRADESH AT INDORE


                        CRR No. 1341 of 2022
              (ZAKIR Vs THE STATE OF MADHYA PRADESH AND OTHERS)



Dated : 06-06-2022
      Shri Pourush Ranka, learned counsel for the petitioner.
      Shri Mukesh Kumawat, learned counsel for the respondent/State.

Heard on I.A. No.5312/2022, which is an application for grant of suspension of sentence filed on behalf of the petitioner.

The petitioner has been convicted under Sections 4/9 and Section 6/9 of Madhya Pradesh Go-vansh Vadh Pratished Adhiniyam, 2004 and sentenced to undergo 1 year RI and 6 months' RI with fine of Rs.5000/- and Rs.5000/- respectively with default clause and under Section 11(1) (D) of Prevention of Cruelty to Animals Act 1960 with fine of Rs.50/- by the judgment dated 04.03.2022 passed by the Session Judge, District- Mandsaur in Criminal Appeal No.14/2021 affirming the order dated 18.02.2021 passed by the Judicial Magistrate First Class, Mandsaur in RCT No.1503953/2014.

Learned counsel for the petitioner submits that the petitioner has been convicted only on the presumption that being the power-of-attorney of the vehicle Eicher Truck bearing registration No.MP41-GA-1192, he was involved in the crime. Learned counsel further submits that he was not in actual control of the aforesaid vehicle and he was not owner of the said vehicle. He was neither found on the spot nor there is any evidence, which reveals that the cow progeny animals loaded in cruel manner was in the knowledge of the petitioner. The trial court as well as the appellate

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court have committed error in holding the petitioner guilty of the aforesaid offence. The petitioner is in custody since 04.03.2022 and there is no likelihood of hearing of this revision in near future. In view of aforesaid, learned counsel for the petitioner prays for suspension of remaining jail sentence and grant of the bail to the petitioner.

Learned counsel appearing for the respondent/State has opposed the prayer.

Having considered the rival submissions and also considering the overall material produced on record, there is no likelihood of hearing of appeal in near future, but without expressing any opinion on merits of the case, the application I.A. No.5312/2022 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court firstly on 22.08.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this revision.

C.C. as per rules.

(Satyendra Kumar Singh) Vacation Judge

N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2022.06.07 12:30:54 +05'30'