Bablu Sahu vs The State Of Madhya Pradesh
2022 Latest Caselaw 3206 MP

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                The High Court Of Madhya Pradesh
                          CRR No. 772 of 2022
                            (BABLU SAHU Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 07-03-2022
      Mr. Vikas Chouksey, learned counsel for the applicant.

      Mr. C.M. Tiwari, learned Government Advocate for the respondent/State.

Heard on the question of admission.

This criminal revision is admitted for hearing. Heard on I.A.No.3846/2022 which is first application for suspension of sentence and grant of bail to the applicant.

In this revision, the applicant has challenged the impugned judgment dated 25.02.2022 passed by learned Sessions Judge, Betul in Criminal Appeal No.27/2021 whereby the judgment passed by the trial Court convicting the applicant under Section 34 (2) of the Excise Act and sentencing him to undergo RI for 1 year with fine of Rs.25,000/- has been affirmed.

Learned counsel for the applicant submits that the applicant is innocent and the judgment passed by the learned Court below against him is perverse and illegal. It is further contended that the applicant has already deposited the fine amount vide receipt contained in Annexure A-3. It is also contended that the disposal of this revision would take considerable

time. Therefore, he is entitled to be released on bail after suspension of his sentence.

Learned Government Advocate 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.3846/2022 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty 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 20.07.2022 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, Bablu Sahu shall remain suspended during the pendency of this case and he shall be released on bail.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE ks

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.03.07 06:15:42

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