Sendhpal vs The State Of Madhya Pradesh
2022 Latest Caselaw 14596 MP

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             THE HIGH COURT OF MADHYA PRADESH
                            CRR No. 3728 of 2022
                  [SENDHPAL Vs THE STATE OF MADHYA PRADESH]



Gwalior, dt. :10.11.2022

      Shri D.D. Sharma, learned counsel for applicant.

      Shri P.P.S. Vajeeta, learned Public Prosecutor for the State.

      Heard on I.A.No.15115/2022, first application u/Sec.397 Cr.P.C.

for suspension of sentence and grant of bail moved on behalf of sole

applicant - Sendhpal is taken up and considered.

      This criminal revision assails the judgment dated 21/07/2022

passed in Criminal Appeal No.42/2022 by Sessions Judge, District

Ashoknagar (M.P.), whereby the judgment of conviction and order of

sentence dated 29/03/2022 passed in RCT No.752/2015 by Chief Judicial

Magistrate Ashoknagar (M.P.) has been confirmed by which applicant

has been convicted u/S.34(2) of Excise Act and has been sentenced to

undergo rigorous imprisonment of One Year with fine of Rs.25,000/-

with default stipulation.

      It is submitted by learned counsel for applicant that the trial Court
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has wrongly convicted the applicant without appreciating the materials

and evidence available on record. He has further argued that the applicant

has suffered almost two months of incarceration as against One Year R.I.

awarded. There are lots of contradictions and omissions in the evidence

of the prosecution witnesses. Disposal of revision shall take considerable

time, therefore, the application for suspension of sentence deserves to be

allowed.

      Per contra, learned Public Prosecutor for the respondent/State

vehemently opposed the prayer and submitted that the prosecution has

proved its case beyond doubt. Hence, prayed to reject the application.

Keeping in view, the facts and circumstances of the case, without

expressing any opinion on merits, the application (I.A.No.15115/2022)

for suspension of sentence is hereby allowed.

It is directed that jail sentence of applicant- Sendhpal will remain

under suspension subject to depositing fine amount and on furnishing

personal bond of Rs.50,000/- (Rs. Fifty thousand only) with two

solvent sureties of the like amount to the satisfaction of the concerned

trial Court, for his appearance before the Registry of this Court on

13/12/2022 and thereafter on all subsequent dates as may be fixed by the

office.

Application (I.A.No.15115/2022) stands disposed of.

Certified copy as per rules/directions.

(SUNITA YADAV ) JUDGE vpn VIPIN KUMAR AGRAHARI 2022.11.11 10:18:15 +05'30'