Smt Meena Jatav vs The State Of Madhya Pradesh
2023 Latest Caselaw 8899 MP

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                            IN THE HIGH COURT OF MADHYA PRADESH
                                         AT GWALIOR
                                            CRR No. 1451 of 2023
                                 (SMT MEENA JATAV Vs THE STATE OF MADHYA PRADESH)

              Dated : 15-06-2023
                      Shri Mahendra Singh Yadav, learned counsel for the Petitioner .

                      Ms. Abha Mishra-P.P.- appearing on behalf of Advocate General.
                      Heard on the question of admission.
                      This criminal revision appears to be arguable, hence, it is admitted
             for final hearing.
                      Let record of the trial court be called for.

                      Also heard on I.A.No. 6155 of 2023, an application under Section
             397(1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioner.
                      The revision has been preferred by the petitioner under Section 397/401
             o f the Cr.P.C. against the impugned judgment dated 27-03-2023 passed in
             Cr.A.No. 192/2021 by Sessions Judge, District Shivpuri (M.P.), whereby,
             affirming the judgment dated 21/10/2021 passed by Chief Judicial Magistrate,
             District Shivpuri, whereby, the learned CJM has convicted the petitioner for the
             offence punishable under section 34(2) of Excise Act and sentenced her to
             undergo rigorous imprisonment for one year and six months with fine of Rs.

             25,000/- with default stipulation.
                      Learned counsel for the petitioner argued that the Courts below have
             wrongly appreciated the evidence and convicted the petitioner. It is further
             submitted that petitioner has suffered almost three months of incarceration as
             against one year and six months R.I. awarded. There are lots of contradictions
Signature Notand    omissions
              Verified           in the evidence of the prosecution witnesses. Disposal of
Signed by: SANJAY
NAMDEORAO DURGEKAR
             revision shall take considerable time, therefore, the application for suspension
Signing time: 16-06-2023
09:58:40 AM
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             of sentence deserves to be allowed.
                      P e r contra, learned Public Prosecutor for the respondent/State

vehemently opposed the prayer and submitted that the prosecution has proved its case beyond reasonable doubt. Hence, prayed to reject the application.

In view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application (I.A. No. 6155 of 2023) is allowed.

It is directed that the petitioner be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned

trial Court. The petitioner shall now appear before the Registry of this Court 08.08.2023 and on all other dates which may be given by the Office for her appearance.

List the case for final hearing in the week commencing 07.08.2023. Certified copy as per rules.

(SUNITA YADAV) JUDGE

Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 16-06-2023 09:58:40 AM