Muneem Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 8084 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRR No. 2031 of 2023 (MUNEEM KHAN Vs THE STATE OF MADHYA PRADESH)

Dated : 18-05-2023 Shri A.S.Jadoun - Advocate for the petitioner.

Shri M.S.Jadoun - Government Advocate for the State.

Heard on I.A.No.8379/2023, first application u/Sec. 397 of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of petitioner.

T h is criminal revision has been filed against the judgment dated

27.04.2023 passed by Sessions Judge, Bhind (M.P) in Criminal Appeal No.36/2022 affirming the judgment dated 03.03.2022 passed by JMFC, District- Bhind in Criminal Trial No.83/2018, whereby the petitioner has been convicted under Section 379 of IPC with fine of Rs.1000/- and sentenced to undergo one year RI, with default stipulation.

Prosecution case in nutshell is that, Police Station Dehat received a piece of information to the effect that the transporation of illegal sand is being done. On the information, police reached at Chungi, where from the side of Lahar, one Sonalika Tractor was found coming, on inspection in the trolley illegal sand

was found. The driver disclosed his name as present petitioner and on enquiry of royalty, he failed to produce royalty slip. The accused/petitioner got arrested and tractor trolley was seized forthwith.

Learned counsel for the petitioner submits that the jail sentence of the petitioner has been suspended by the trial Court. The petitioner was on bail during trial and he has not misused the liberty granted to him. Hence, counsel for the petitioner prays for suspension of sentence and grant of bail to the petitioner.

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/19/2023 11:47:16 AM

Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of this application.

Considering the overall facts and circumstances of the case, I.A.No.8379/2023 is allowed and it is directed that the jail sentence of the petitioner shall remain under suspension, on the petitioner's furnishing bail bond o f Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety to the satisfaction of the trial Court for his appearance before the Registry of this Court on 28.08.2023 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

I t is made clear that if the petitioner is found indulged in any

criminal activities in future, then State is set at liberty to move an appropriate application for cancellation of bail of the petitioner.

Certified copy as per rules.

(MILIND RAMESH PHADKE) V. JUDGE

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/19/2023 11:47:16 AM