Yuvraj vs The State Of Madhya Pradesh
2023 Latest Caselaw 5953 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 1162 of 2023 (YUVRAJ Vs THE STATE OF MADHYA PRADESH)

Dated : 12-04-2023 Shri Sanjay Sharma - Advocate for the applicant.

Shri Y.D.Yadav - Government Advocate for the State.

Heard on I.A.No.6153/2023, which is an application filed on behalf of the applicant for suspension of sentence and grant of bail.

As per impugned judgment, the applicant has been convicted by the trial

Court under Section 34(2) of M.P Excise Act and sentenced to R.I. for 1 year with fine of Rs.25000/- with default stipulation. Fine amount has already been deposited.

The aforesaid conviction and sentence has been affirmed by the lower appellate Court.

Learned counsel for the applicant has submitted that the both the Courts b elo w have not properly appreciated the oral and documentary evidence available on record and committed error in convicting the applicant for aforesaid offence. The maximum sentence awarded to the applicant is R.I. for 1

year. He is the first offender and aged about 60 years. He is in custody and disposal of this case would take considerable time, therefore, custodial sentence of the applicant may be suspended and he may be released on bail.

Learned Government Advocate has opposed the application and stated that more than 55 bulk litre of country made liquor has been recovered from the possession of the applicant.

Signature Not Verified SAN

However, record is not available but looking to the nature of offence; Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.04.13 10:13:49 IST period of sentence awarded to the applicant as well as the fact that he is the first

offender aged about 60 years, I find it to be a fit case to suspend the custodial sentence of the applicant and to release him on b ail, therefore, without commenting on the merit of the case, the 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.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of applicant Yuvraj shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 06.09.2023 and on such other dates as may be fixed in this regard during pendency of this revision, without fail.

It is made clear that if the applicant again involves himself in similar kind of offence, this order shall immediately become ineffective.

It appears that in the memo of revision provision of sentence is not correct. Hence, applicant is directed to amend the same within two working days.

Record be called.

List after ensuing summer vacation.

(SMT. ANJULI PALO) JUDGE

anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.04.13 10:13:49 IST