Banti Goswami vs The State Of Madhya Pradesh
2022 Latest Caselaw 7482 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRR No. 1601 of 2022
                  (BANTI GOSWAMI Vs THE STATE OF MADHYA PRADESH)

Dated : 23-05-2022
      Shri Madhukar Kulshrestha, learned counsel for the applicant.

      Shri Vijay Sundaram, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

The revision appears to be arguable, therefore, it is admitted. Record of the trial Court is available.

Also heard on I.A. No.6956/2022, an application under Section 397(1) of

the Code of Criminal Procedure for suspension of jail sentence filed on behalf of the sole applicant- Banti Goswami.

This revision is directed against the impugned judgment of conviction dated 21/04/2022 passed by Sessions Judge, District- Morena (M.P.) in Criminal Appeal No.12/2021, whereby the judgment of conviction and order of sentence passed by Principal Judicial Magistrate, District- Morena (M.P.) vide judgment dated 27/12/2021 in Criminal Case No.1691/2009 was affirmed and the applicant was convicted under Section 34 (2) of the M.P. Excise Act and sentenced of One Year's RI with fine of Rs.25,000/- with default stipulation.

Learned counsel for the applicant submits that applicant is in jail who has been falsely implicated in the case and he was on bail during trial as well as at the Appellate stage and he did not misuse the liberty of bail granted to him. It is further submitted that the applicant has been sentenced with imprisonment of one year and he has already suffered incarceration of about four months. It is further submitted that co-accused Dilip Singh has already been granted benefit of suspension of sentence vide order dated 12.05.2022 in Cr.R. No.1589/2022,

therefore, he seeks parity. There are material illegalities in the impugned judgment in light of which the applicant is entitled for acquittal. Disposal of the revision shall take considerable time. The application deserves to be allowed.

On the other hand, learned Panel Lawyer appearing on behalf of the State opposed the bail application and prayed for its rejection.

Keeping in view the aforesaid submissions of learned counsel for the parties and having regard to the period of custody, I.A. No. 6956/2022 is allowed. The execution of jail sentence of the applicant is hereby suspended subject to deposit of fine amount (if not already deposited) and he be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty

Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 01/08/2022 and on subsequent dates as may be fixed by the office from time to time till final adjudication of this revision.

List the case for final hearing in due course.

Certified copy/e-copy as per rules/directions.

(MILIND RAMESH PHADKE) V. JUDGE

(LJ*)

LOKENDRA JAIN 2022.05.23 18:54:55 +05'30'