Pratap vs The State Of Madhya Pradesh
2023 Latest Caselaw 4095 MP

                                                                  1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                          CRR No. 4691 of 2022
                                               (PRATAP AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 15-03-2023
                                 Shri Rahul Tripathi - Advocate for the applicants.

                                 Shri S.K.Gupta, P.L. for the respondent.

Heard.

Trial Court record has been received.

Heard on admission.

Prima facie this criminal revision seems to be arguable.Hence, admitted for final hearing.

Heard on I.A.No.23809/2022 an application under Section 397(1) of the Cr.P.C. for suspension of sentence and grant of bail pending the revision.

Applicants were convicted by JMFC, Sausar District Chhindwara vide judgment dated 22.12.2017 passed in Criminal Case No.838/2012 (State of M.P. Vs. Pratap and others) for commission of offences under Section 9 of M.P.Govansh Vadh Pratishedh Adhiniyam 2004, Section 10 and 11 of M.P. Krishak Pashu Parirakshan Adhiniyam 1959 and Section 11(1)(d) of Prevention

of cruelty to Animal Act, 1960 and were sentenced to 2 years R.I. with fine of Rs.500/- each in the first count, R.I.2 years with fine of Rs.450/- each in the second count while with fine of Rs.50/- each in the last count with default stipulation.

Against judgment of conviction and order of sentence they had preferred an appeal but their appeal has been dismissed by the learned Addl. Sessions Judge, Sausar District Chhindwara affirming the trial court judgment vide judgment dated 11.11.2022 passed in Cr.A.No.23/2018 (Pratap and others Vs. Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 3/16/2023 3:41:39 PM

State of M.P.).

Learned counsel for the applicants has submitted that only applicant No.1 Pratap was found transporting the cow progeny cattle in the truck. The other applicants were not present on the spot but learned trial court has convicted and sentenced them. Their conviction and order of sentence has been affirmed by the Sessions Court. Referring the evidence of witnesses, learned counsel has submitted that applicants have fair chance to succeed in revision. There is no possibility of hearing of this revision in near future. Therefore, it is prayed that applicants be released on bail till disposal of revision application.

On the other hand, learned counsel for the State has opposed grant of

bail.

In this case applicants are in jail for last more than four months. I have gone through the evidence of the witnesses and material on record. Having taken into consideration all the facts and circumstances of the case and the detention period of the applicants but without expressing any opinion on merits of the matter, I am of the view that prima facie there is some substance in the arguments advanced by the learned counsel for the applicants. Therefore, I am of the view that it is a case where the applicants may be released on bail by suspending their jail sentence till further orders.

Therefore, I.A.No.23809/2022 is allowed. Only the jail sentence of the applicants as awarded by the Courts below is suspended till further orders upon their furnishing a personal bond in the sum of Rs.50,000/- each with one solvent surety in the like amount each to the satisfaction of trial Court, for their appearance before the JMFC Sausar District Chhindwara on 14.06.2023 and on all such further dates as may be fixed by that court during the pendency of

Signature Not Verified this revision.

Signed by: MANOJ KUMAR LALWANI Signing time: 3/16/2023 3:41:39 PM

List this case for final hearing in due course. Certified copy

(DINESH KUMAR PALIWAL) JUDGE

MKL

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 3/16/2023 3:41:39 PM