Santosh vs The State Of Madhya Pradesh
2023 Latest Caselaw 3169 MP

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL REVISION NO.429 OF 2023 (Santosh and Another vs The State of Madhya Pradesh)

Indore, Dated 21.02.2023 Mr. Manish Yadav, counsel for the applicants. Mr. Raghvendra Singh Bais, counsel for the State. Counsel for the applicants submits that the prosecution has failed to prove that the cattles were being transported for the purposes of slaughter. As per the testimony of Dr. Ramsingh, the cattles were found to be healthy and no injuries were found on them. The prosecution has also not proved the memorandum under section 27 of the Evidence Act, 1872. The applicants have got the prima-facie case in their favour Accordingly, the revision is admitted for final hearing.

Also heard on IA No.1553/2023 which is an application under Section 397(1) of Criminal Procedure Code, 1973, filed on behalf of the applicants who have been convicted by learned Second Additional Sessions Judge, Rajgarh (Biaora) in Criminal Appeal No.38/2018 vide judgment dated 20.01.2023 and have been sentenced them as under:

              Conviction                         Sentence
     Section & Act   Imprisonment        Fine      Imprisonment in
                                        Amount       lieu of fine

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL REVISION NO.429 OF 2023 (Santosh and Another vs The State of Madhya Pradesh)

9(2) read with 1-1 years RI 5000-5000 03-03 months RI Section 6 of MP Govansh Vadh Pratishedh Adhiniyam, 1994.

3/181 of MV Till Court rises 500/- 01 month RI Act, 1988.

146/196 of MV Till Court rises 1000/- 15 days RI Act, 1988.

66/192 of MV ....... 2000/- 01 month RI Act, 1988.

56/192 of MV ........ 2000/- 01 month RI Act, 1988.

Counsel for the applicants submits that the applicants were on bail during trial and they did not misuse the liberty so granted to them. The final hearing of revision may take a long time. With these submissions, suspension has been sought.

Per contra, counsel for the State opposes the prayer for grant of suspension and bail to the applicants.

After hearing learned counsel for the parties and taking into consideration the fact that the applicants were on bail during trial and has not misuse the liberty so granted to them and the final hearing of revision may take a long time,

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL REVISION NO.429 OF 2023 (Santosh and Another vs The State of Madhya Pradesh)

accordingly the application IA No.1553/2023 is being allowed.

It is directed that substantive jail sentence of applicants shall be suspended subject to their depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) each with one solvent surety each of like amount to the satisfaction of trial Court for their appearance before the Registry of this Court on 16.08.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf. Accordingly, application IA No.1553/2023 stands disposed of.

List the revision for final hearing in due course. Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

Arun/-

Digitally signed by ARUN NAIR Date: 2023.02.22 11:08:54 +05'30'

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL REVISION NO.429 OF 2023 (Santosh and Another vs The State of Madhya Pradesh)