Bapulal vs The State Of Madhya Pradesh
2022 Latest Caselaw 8077 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 1007 of 2022 (BAPULAL Vs THE STATE OF MADHYA PRADESH)

Dated : 20-06-2022 Mr. Ambuj Jain, learned counsel for the applicant.

Mr. Vivek Lakhera, learned Government Advocate for the State. Record of the Courts below is available.

Heard on the question of admission.

The revision is admitted for hearing.

Considered I.A.No.4895/2022, which is first application for suspension

of sentence and grant of bail on behalf of applicant- Bapulal.

B y the impugned judgment dated 05.03.2022 passed by Additional Sessions Judge, Berasiya, District Bhopal (M.P.) in Criminal Appeal No.1/2021, arising out of the judgment and findings dated 09.11.2020 passed by Judicial Magistrate First Class, Berasiya, District Bhopal (M.P.) in Criminal Case No.1078/2014, convicting the applicant for offence punishable under Section 39/51 of Wildlife Protection Act and sentenced to undergo R.I. for three years with fine of Rs.10,000/-, with default stipulations.

Learned counsel for the applicant has submitted that applicant is innocent

and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. Applicant is in jail since the date of the judgment i.e. 05.03.2022. Final disposal of this revision would take considerable time, therefore, it is prayed to suspend the sentence of the applicant.

Signature Not Verified SAN Learned Government Advocate has opposed the prayer for suspension Digitally signed by SHAHINA KHAN Date: 2022.06.21 13:52:43 IST of sentence.

Considering the overall facts and circumstances of the case and the fact that disposal of this revision would take considerable time, without commenting on merits of the case, the I.A.No.4895/2022 is allowed. It is directed that 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 concerned, remaining jail sentence imposed upon the applicant Bapulal shall remain suspended during the pendency of this case and he shall be released on bail.

It is made clear that if the applicant is found involved in similar kind of offence in future, this order shall become ineffective

automatically without reference to the Bench.

The applicant shall appear before the concerned trial Court on 02.11.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this revision.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.06.21 13:52:43 IST