Citation : 2023 Latest Caselaw 3170 MP
Judgement Date : 21 February, 2023
1
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL REVISION NO.425 OF 2023
(Nirmal and Others 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.
Heard on the point of admission.
The revision is admitted for final hearing.
Records have been received.
Also heard on IA No.1528/2023 which is an application
under Section 397/401 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.51/2018 vide judgment dated 24.01.2023 and have
been sentenced them as under:
Conviction Sentence
Section & Act Imprisonment Fine Imprisonment in
Amount lieu of fine
9/51 Wildlife 3 years RI 10000/- 01 month RI
Protection Act,
1972.
9/51 Wildlife 3 years RI 10000/- 01 month RI
Protection Act,
1972.
9/51 Wildlife 3 years RI 10000/- 01 month RI
Protection Act,
1972.
2
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL REVISION NO.425 OF 2023
(Nirmal and Others vs The State of Madhya Pradesh)
Counsel for the applicants submits that the applicants
were on bail during trial and they did not misused 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 misused the liberty so granted to them
and the final hearing of revision may take a long time,
accordingly the application IA No.1528/2023 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
18.08.2023
and on all other subsequent dates as may be fixed by the Registry in this behalf. Accordingly, application IA
HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL REVISION NO.425 OF 2023 (Nirmal and Others vs The State of Madhya Pradesh)
No.1528/2023 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 11:12:58 +05'30'
HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL REVISION NO.425 OF 2023 (Nirmal and Others vs The State of Madhya Pradesh)
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