Chhabbu Pardi vs The State Of Madhya Pradesh
2023 Latest Caselaw 21675 MP

Madhya Pradesh High Court

Chhabbu Pardi vs The State Of Madhya Pradesh on 18 December, 2023

                                     1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             CRR No. 5672 of 2023
                    (CHHABBU PARDI Vs THE STATE OF MADHYA PRADESH)

Dated : 18-12-2023
      Shri D.S. Tomar - Advocate for the petitioner.

      Shri    Lokendra       Shrivastava     -   Public     Prosecutor   for   the
respondent/State.

Heard on the question of admission.

Being arguable, this revision is admitted for final hearing.

Also heard on I.A.No.22334 of 2023, first application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail moved by the sole petitioner - Chhabbu Pardi.

T h is revision is preferred by the petitioner/accused challenging the judgment dated 25.11.2023 passed by Sessions Judge, District Ashoknagar in Criminal Appeal No. 164/2023, whereby the Appellate Court has dismissed the appeal filed by the present petitioner challenging the judgment of conviction and sentence dated 01.09.2023 passed by Chief Judicial Magistrate, District Ashoknagar in Criminal Case RCT No.1186/2018, whereby, the petitioner has

been convicted under section 34(2) of Excise Act and sentenced to undergo rigorous imprisonment of one year with fine of Rs.25000/- and Section 49- d(1)

(d)(,d) of Excise Act and sentence to undergo rigorous imprisonment of two

months with fine of Rs.1000/- with default stipulations.

Learned counsel for the petitioner argued that the Courts below have wrongly appreciated the evidence and convicted the petitioner. It is further submitted that there are material contradictions and omissions in the statement of prosecution witnesses. It is further argued that the petitioner is in custody

since 25.11.2023. Present revision is likely to take long time to come up for final hearing. Hence, prayed to suspend the jail sentence of the petitioner looking to the short period of jail sentence and release him on bail.

On the other hand, learned State counsel opposed the application and prayed for its rejection.

In view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application I.A.No.22334 of 2023 is allowed.

I t is directed that the petitioner be released on bail on his furnishing personal bond in the sum of Rs. 60,000/- (Rs. Sixty Thousand Only) with

one solvent surety in the like amount to the satisfaction of the concerned trial Court. The petitioner shall now appear before the Registry of this Court on 30.01.2024 and on all other dates which may be given by the Office for his appearance till final disposal of the present case.

List this case for final hearing in due course.

Certified copy as per rules.

(RAJENDRA KUMAR VANI) JUDGE

Monika

MONIKA SHARMA 2023.12.19 11:40:14 +05'30'