Munesh Shikari vs The State Of Madhya Pradesh
2023 Latest Caselaw 12104 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                               CRR No. 3284 of 2023
                    (MUNESH SHIKARI Vs THE STATE OF MADHYA PRADESH)

Dated : 31-07-2023
         Shri S.S. Rajput - learned counsel for the revision petitioner.

         Shri Pramod Pachori - learned Public Prosecutor for the respondent-

State.

Heard on admission.

Being arguable, this revision is admitted for final hearing. Record of the court below be called for.

Heard on IA No. 13778 of 2023, which is the first application under Section 397(1) of CrPC for suspension of sentence and grant of bail filed on behalf of revision petitioner.

This criminal revision under Section 397 read with Section 401 of CrPC has been filed against the judgment and sentence dated 19/07/2023 passed by Fourth Additional Sessions Judge, Guna (M.P.) in Cr.A. No.206/2023, affirming the judgment and sentence dated 21/06/2023 passed by Judicial Magistrate First Class, Guna (M.P.) in Criminal Case No.2307/2021, by which the revision petitioner has been convicted under Section 34(2) of the Excise Act

and sentenced to undergo simple imprisonment of two years with fine of Rs. 25,000/- with default stipulation.

Learned Counsel for the revision petitioner submits that independent witnesses did not support case of the prosecution. The learned Trial Court and the Appellate Court committed an error in relying upon the statement of Investigating Officer. Revision petitioner is in jail since 21/06/2023. It is submitted that learned First Appellate Court also did not appreciate the

evidence in proper perspective. Further, learned Appellate Court did not properly consider the contentions raised in the appeal. There is no likelihood of early hearing of revision in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of revision petitioner may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent/State opposes the application and prays for rejection of suspension of sentence and grant of bail.

Upon hearing learned Counsel for parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly, directed that execution of

remaining jail sentence of revision petitioner shall remain suspended during pendency of this revision and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 25.09.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No. 13778/2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Prachi

PRACHI MISHRA 2023.08.01 10:05:04 +05'30'