Gaju vs The State Of Madhya Pradesh
2023 Latest Caselaw 8859 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRR No. 1878 of 2023
                                             (GAJU Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 15-06-2023
                                 Shri Pankaj Ajmera, Advocate for the petitioner.

                                 Shri Vinod Thakur, Government Advocate for the respondents/State.

Heard on I.A. No.6334/2023 which is an application for condonation of delay of 69 days in filing the appeal.

For the reasons stated in the application, the I.A. No.6334/2023 is

allowed and delay is condoned.

Also heard on I.A. No.6244/2023 which is an application for suspension of sentence under Section 397 of Cr.P.C. for grant of bail of petitioner Gaju S/o Gorelal, who has been convicted by the Court of Second Additional Session Judge, Sendhwa, District Barwani in CRA No.136/2018 vide judgment dated 10.11.2022 under Section 10 of M.P. Krishi Pashu Parikshan Adhiniyam and sentenced to undergo RI of 01 year with fine of Rs.1,000/- and under Section 9 of M.P. Govansh Vadh Pratishedh Adhiniyam and sentenced to undergo RI of 01 year with fine of Rs.5,000/- with default stipulation.

Learned counsel for the applicant submits that he has not committed any offence and has been falsely implicated in the case. During trial, he was on bail but after conviction, he has filed an appeal before the appellate Court and his appeal was dismissed on 10.11.2022. He is in custody since 10.04.2023. Final hearing of this revision will take sufficient time therefore, it is prayed that the remaining jail sentence of the applicant may be suspended.

Learned Government Advocate for the respondent/State has objected the prayer and prayed for rejection of the application. Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 16-06-2023 11:29:48

I have heard learned counsel for the parties and perused the record. Considering the facts and circumstances of the case and short term jail sentence of the applicant, coupled with the fact that final hearing of this revision is not possible near future.

Accordingly, application IA No.6244/2023 is allowed. It is directed that substantive jail sentence of petitioner- Gaju S/o Gorelal shall be suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one solvent surety of like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 07.08.2023

and on all other subsequent dates as may be fixed by the Registry in this behalf.

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

(PRAKASH CHANDRA GUPTA) JUDGE

Shilpa

Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 16-06-2023 11:29:48