Akil Shaikh vs The State Of Madhya Pradesh
2023 Latest Caselaw 9908 MP

                                                                    1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                          CRR No. 2361 of 2023
                                                (AKIL SHAIKH Vs THE STATE OF MADHYA PRADESH)



                           Dated : 30-06-2023


                                 Shri Surendra Tuteja, learned counsel for the applicant.
                                 Shri Vinod Thakur, learned G.A. for the respondent/State.

Heard on the question of admission.

Revision is admitted for final hearing.

Also, heard on I.A. No.8223/2023, which is first application for suspension of sentence and grant of bail filed under section 397(1) of the Cr.P.C. on behalf of applicant-Akhil.

2. The trial Court has convicted the applicant vide judgment of conviction and order of sentence dated 30.05.2023 passed by the First Additional Sessions Judge, Dewas in Criminal Appeal No.130/2022 as under:-

Conviction/ Imprisonment Fine In default Section and Act

Section 6 read with Section 9 One year R.I. Rs.5.000/- 3 month R.I. of Govadh Pratishad Adhiniyam

Section 11-D of Animal Cruelty Act - Rs.50/- 15 days S.I.

3. Learned counsel for the applicant submits that he has not committed any offence and has falsely been implicated in the case. He was on bail during trial. After conviction, he had filed an appeal which was dismissed thereafter, he is in custody since 30.05.2023. Final hearing of this revision petition will take sufficient long time therefore, it is prayed that the remaining jail sentence of the applicant may be suspended and he may be released on bail. Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 30-06-2023 18:48:29

4. Learned Govt. Advocate for the respondent/State has opposed the prayer of the applicant.

I have heard learned counsel for both the parties and perused the record.

5. Looking to short term of the sentence coupled with the fact that final disposal of this revision petition will take sufficient long time, without expressing any opinion on merits of the case, the application I.A. No.8223/2023, is allowed and the jail sentence of the applicant shall remain suspended.

6. It is directed that subject to depositing the fine amount, if already not

deposited, applicant- Akhil Shaikh shall be released on bail, on furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 04.09.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this revision.

7. List for final hearing in due course. C.c. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

ajit

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 30-06-2023 18:48:29