Lavkush vs Stae Of Madhya Pradesh
2023 Latest Caselaw 10221 MP

                                                                 1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRR No. 1417 of 2023
                                             (LAVKUSH AND OTHERS Vs STAE OF MADHYA PRADESH)

                         Dated : 05-07-2023
                               Shri Shashank Upadhyay - Advocate for the applicants.

                               Shri    Atmaram       Bain    -       Dy.   Government   Advocate   for   the
                         respondent/State.

Record of trial Court received.

Heard on admission.

The revision being arguable is admitted for final hearing. Also heard on I.A. No.7287/2023, which is an application filed under section 397(1) of Cr.P.C. on behalf of the applicants for suspension of sentence and grant of bail.

T h e applicants have been convicted by the appellate Court for the offences punishable under section 34(2) of M.P. Excise Act and sentenced to undergo RI for one year and fine of Rs.25,000/- each, with default stipulations.

Learned counsel for the applicants has submitted that the trial Court has n o t properly appreciated the oral and documentary evidence available on record. Maximum sentence awarded to the applicant is one year RI. The

applicants are in custody since 27.03.2023 and disposal of this revision will take considerable time, therefore, the jail sentence of the applicant may be suspended and they may be released on bail.

Learned counsel for the State has opposed the application. Heard learned counsel for the parties, perused the records and the judgments of the courts below.

T he applicants have been convicted by both the Courts below under Section 34(2) of M.P. Excise Act for having in their possession illegal liquor of Signature Not Verified Signed by: RASHMI TIKARAM CHIKANE Signing time: 7/6/2023 10:49:17 AM

quantity 90 bulk litres. They have been sentenced by both the Courts below to one year rigorous imprisonment and fine of Rs.25,000/-. The grounds raised during arguments that there is no minimum sentence prescribed for the offence proved against the applicants is not acceptable because the applicants have been sentenced to minimum punishment prescribed for the offence. Other grounds before this Court for seeking suspension of sentence is that the seizure witnesses have turned hostile but no reason could be assigned during arguments to disbelieve the testimony of employees of excise department. The period of custody of the applicants is hardly five months.

Looking to the minimum period of punishment prescribed for proved

offence, this Court is not inclined to grant suspension of sentence. Accordingly, I.A. No.7287/2023 (first application) is dismissed.

(ANURADHA SHUKLA) JUDGE

RC

Signature Not Verified Signed by: RASHMI TIKARAM CHIKANE Signing time: 7/6/2023 10:49:17 AM