Mohan Rajput vs The State Of Madhya Pradesh
2022 Latest Caselaw 3867 MP

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           IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                   CRR No. 886 of 2022
                          (MOHAN RAJPUT Vs THE STATE OF MADHYA PRADESH)

Dated : 21-03-2022
      Mr. S.R. Tamrakar, learned counsel for the applicant.
      Mr. V.P. 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.4319/2022 which is first application under Section 397(1) of the Cr.P.C. for suspension of sentence and grant of bail to the applicant.

The revision has been preferred by the applicant against the impugned judgment dated 08.11.2021 passed by IV Additional Sessions Judge, Narsinghpur (M.P.) in Criminal Appeal No.170/2018, arising out of the judgment and findings dated 13.12.2017 passed by JMFC Narsinghpur in Criminal Case No.3874/2012, convicting the applicant for the offences punishable under Section 33 of the Indian Forest Act, 1927 with sentence to undergo RI for six months with fine of Rs.1,500/- with default stipulation.

Learned counsel for the applicant submits that the applicant is innocent and the

impugned judgment passed against him is perverse and illegal. Fine amount has already been deposited by the applicant, receipt of which is annexed at page No.22. The disposal of this revision would take considerable time. Therefore, it is prayed to release the applicant on bail after suspension of his sentence.

Learned Government Advocate for the State has opposed application for suspension of sentence.

Considering the period of sentence awarded on the applicant and the nature of offence, without commenting upon the merits of the case, the aforesaid application is allowed.

It is directed that on depositing fine amount, if not already deposited, and 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 27.07.2022 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 - Mohan Rajput shall remain suspended during the pendency of this case and he shall be released on bail.

Let the record of the Courts below be requisitioned.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.03.21 17:39:10 IST