Shakeela vs The State Of Madhya Pradesh
2022 Latest Caselaw 3604 MP

                                       1                 Cr.R. No. 517-2022

    THE HIGH COURT OF MADHYA PRADESH, BENCH INDORE
                             Cr.R. No. 517-2022
                     ( Shakeela Vs. State of Madhya Pradesh)
Indore, Dated: 14.03.2022

      Shri Mukesh Sinjonia, learned counsel for the petitioner.

      Shri    Mukesh      Kumawat,      learned     Gov.Advocate        for      the

respondent/State.

Record of the lower court is available.

Heard on I.A.No.2383/2022,which is an application under Section 397

of the Cr.P.C. for suspension of jail sentence of the petitioner.

The petitioner has been convicted and sentenced by judgment dated

06.5.2019 passed in Case No.2888/2006 him as under:-

     Conviction                              Sentence
 Section      Act       Imprisonment            Fine           Imprisonment
                                                               in lieu of fine
  34(2)   M.P.         1 year R.I.        25,000/-       4 months RI
          Excise
          Act

Learned counsel for the petitioner has submitted that the impugned

judgment of conviction and sentence is misconceived and it is contrary to

the facts and law and the petitioner has completed for around four months

incarceration. It is further submitted that there is no possibility of the early

hearing of this criminal revision before this Court. Under such

circumstance, it is prayed that, custodial sentence of the petitioners be

suspended during the pendency of this criminal revision.

Counsel for the respondent/State has opposed the prayer and prayed

for its rejection.

Considering the rival contentions of the parties, without commenting

on the merits of the case, as there is no possibility of early hearing of this

criminal revision before this Court, I.A. No.2383/2022 is allowed and it is

directed that, on furnishing a personal bond in the sum of Rs.25,000/-

(Rupees Twenty Five Thousand Only) by the petitioner with one solvent

surety in the like amount to the satisfaction of the trial Court for their

regular appearance before the Registry of this Court firstly on 23/5/2022

and on such subsequent dates as may be fixed by the Registry for the same

purpose in future, the petitioner's jail sentence be suspended and he be

released on bail.

Certified copy as per rules.

                                                          (Subodh Abhayankar)
moni                                                          JUDGE

       Digitally signed by MONI RAJU
       Date: 2022.03.14 14:41:59
       +05'30'