Lallesh Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 3606 MP

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           The High Court Of Madhya Pradesh
                     CRR No. 842 of 2022
                    (LALLESH GURJAR Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 14-03-2022
      Shri I.S. Asthana, learned counsel for the petitioner.

      Shri Pawan Singh Raghuvanshi, learned Public Prosecutor for the
respondent/State.

The revision being arguable is admitted for final hearing. Also, heard on I.A.No.3788/2022, an application for suspension of sentence on behalf of the petitioner.

This criminal revision has been filed against the judgment dated 28/02/2022 passed by Second Additional Sessions Judge, Morena, Distt. Morena (M.P.) in Criminal Appeal No.122/2021 affirming the judgment of conviction and sentence dated 06/09/2021 passed by Judicial Magistrate First Class, Morena (M.P.) in Criminal Case No.1076/2009, by which the petitioner has been convicted under Section 27 r/w 51 & Section 29 r/w 51 of Wildlife Protection Act and has been sentenced to undergo rigorous imprisonment of one year each with fine of Rs.3,000/- each with default stipulation.

It is submitted by learned counsel for the petitioner- Lallesh Gurjar that the

petitioner have been wrongly convicted by the appellate Court as well as by the trial Court. It is further submitted that the petitioner is in custody and fine amount has already been deposited by the petitioner. It is also submitted that the petitioner is ready to abide by any condition which may be imposed by this Court. Final disposal of this appeal will take sufficiently long time. Hence, prayed to suspend the jail sentence of the petitioner looking to the short period of jail sentence.

Learned State counsel has vehemently opposed the submissions and prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties and perused the materials available on record.

Looking to the short period of jail sentence, without commenting on merits of the case, the application (I.A. No. 3788/2022) is allowed and the remaining jail sentence of the petitioner - Lallesh Gurjar is hereby suspended. It is hereby

directed that on depositing the fine amount, if not already deposited, the petitioner shall be released on bail on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned Court. The petitioners are further directed to mark

their appearance before the Office of this Court on 09/05/2022 and on subsequent dates given by the Office in this regard, till final disposal of this revision.

List the case for final hearing in due course.

Let record of the Courts below be also requisitioned, if not already called. E- copy of this order be sent to the Court below concerned for compliance. Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Shubhankar Digitally signed by SHUBHANKAR MISHRA Date: 2022.03.14 16:40:24 +05'30'