Lallu Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3788 MP

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      IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                   CRR No. 948 of 2022
                          (LALLU SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 16-03-2022
           Mr. Sanjay Kumar Patel, learned counsel for the applicant.
           Mr. Rajesh Chand, learned Government Advocate for the respondent/State.

Heard on the question of admission.

This criminal revision is admitted for hearing. Let the records of the Courts below be requisitioned. Heard on I.A.No.4593/2022 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 05.03.2022 passed by learned Sessions Judge, Panna in Criminal Appeal No.05/2020 whereby the judgment passed by the trial Court convicting the applicant under Section 51 of the Wild Life Protection Act, 1972 and sentencing him to undergo RI for three years with fine of Rs.10,000/- 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 submitted that as per allegation, three kilograms of flesh of dear

(chinkara) has been recovered from the possession of the applicant but he has not killed the said animal. 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 as well as the findings of the courts below, without commenting upon the merits of the case, I.A. No.4593/2022 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty 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 26.07.2022 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, Lallu Singh 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 offence in future, this order granting suspension of sentence shall stand

recalled automatically.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.03.16 18:00:38 IST