Devi Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 6960 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 1566 of 2022 (DEVI SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 09-05-2022 Shri Pradeep Naveria, learned counsel for the applicants.

Shri Ashok Sinha, learned Government Advocate for the State. Heard on admission.

Admit.

Heard on I.A. No.7241/2022, which is an application filed by the applicants for suspension of sentence and grant of bail.

By judgment dated 14.03.2020 passed by learned Chief Judicial Magistrate, Panna in Criminal Case No.800792/2016 the applicants have been convicted for offences punishable under Section 34 (2) of the M.P. Excise Act and sentenced to undergo RI for one year with fine of Rs.25,000/- with default stipulation. The aforesaid conviction and sentence has been affirmed by the impugned judgment passed by the lower appellate Court.

Learned counsel for the applicants submits that sentence awarded to the applicants is only one year. It is further contended that the courts below have not considered the material on record in proper perspective and thus reached to

erroneous findings. It is contended that the applicants are in custody and this revision would take considerable for its final disposal. In view of the aforesaid, prayer is made to suspend the jail sentence of the applicants and to release them on bail.

Learned counsel for the State has opposed the prayer of the applicants. Looking to the nature of the offence and period of jail sentence awarded to the applicants, I deem it to be a fit case to suspend the jail sentence of the

applicant, therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.30,000/- [Rupees Thirty Thousand only] each with one solvent surety each in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of applicants, namely, Applicant No.1 - Devi Singh and Applicant No.2 Rajkumar shall remain suspended and they shall be released on bail.

T h e applicants shall appear before the trial Court concerned on 06.09.2022 and on all subsequent dates as may be fixed in this regard, without

fail.

Record be requisitioned.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.05.10 18:23:48 IST