Bhuralal vs The State Of Madhya Pradesh
2022 Latest Caselaw 7507 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRR No. 1905 of 2022 (BHURALAL Vs THE STATE OF MADHYA PRADESH)

Dated : 23-05-2022

Mr. Bharat Yadav, learned counsel for the applicant. Mr. Rajendra Suryavanshi, learned G.A. for the State. Heard.

Admit.

Let record of the court below be requisitioned.

Heard on I.A.No.7171/2022 which is an application filed under Section 397(1) of Cr.P.C for suspension of jail sentence on behalf of the applicant- Bhuralal.

T h e applicant has been convicted under section 3 r/w section 7 of Essential Commodities Act and has been sentenced to undergo one year SI with fine of Rs.1,000/- vide judgment dated 13.05.2022 passed in Criminal Appeal No.500150/2016 by II Additional Session Sardarpur, district Dhar thereby affirming the order dated 3.10.2016 passed in criminal case No.167/2007 by JMFC, Sardarpur, district Dhar.

Learned counsel for applicant submits that the courts below have erred in not properly appreciating the evidence on record and convicting the applicant. He has placed reliance on the judgment passed in the matter of Kanhaiya Lal Vs. State of Madhya Pradesh, 2019 SCC Online P 267. It is further submitted that applicant is in jail since 13.05.2022. He was on bail during the Signature Not VerifiedDigitally signed by SAN MUKTA trial and he has not misused the liberty granted to him. Final hearing of the CHANDRASHEKHA R KOUSHAL Date: 2022.05.23 17:45:50 IST revision is likely to take sufficient long time. Hence, counsel prays that the

applicant be released on bail and the execution of their remaining jail sentence be suspended till the final disposal of this revision.

Learned G.A. for State opposed the prayer for suspension of sentence. Taking into consideration the fact that applicant was on bail during trial and he has not misused the liberty coupled with the fact that there is no likelihood of final hearing of the present revision in near future, this Court is of the considered opinion that it is a fit case for suspension of remaining jail sentence of applicant.

It is directed that execution of the renaming jail sentence of applicant is hereby suspended subject to depositing the fine amount if not already deposited

and it is ordered that the applicant be released on bail on furnishing personal bond for a sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with separate solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the Registry of this Court on 12.10.2022 and all other subsequent dates, as may be fixed in this behalf by the Registry during pendency of this revision.

With the aforesaid, IA 7171/2022 stands disposed of. Certified copy as per rules.

(ANIL VERMA) V. JUDGE

MK

Signature Not Verified VerifiedDigitally Digitally signed by SAN MUKTA CHANDRASHEKHA R KOUSHAL Date: 2022.05.23 17:45:50 IST