Madhya Pradesh High Court
Pappu @ Pyare Miyan vs The State Of Madhya Pradesh on 25 May, 2023
Author: Sushrut Arvind Dharmadhikari
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 1611 of 2023
(PAPPU @ PYARE MIYAN Vs THE STATE OF MADHYA PRADESH)
Dated : 25-05-2023
Shri Vikram Singh Bule, learned counsel for the applicant.
Shri Tarun Kushwah, learned Government Advocate for the State.
T h e matter is taken up for hearing, hence, I.A.Nos. 7195/2023 and
7586/2023, application for urgent hearing during summer vacation stand
disposed of.
Heard on the question of admission.
Revision is admitted for hearing.
Also heard on I.A.No. 7194/2023, application for suspension of sentence
filed on behalf of the applicant.
This criminal revision under Section 397 read with Section 401 of the
Cr.P.C. has been preferred being aggrieved by the judgment dated 21.03.2023
passed by the First Additional Sessions Judge, Dewas in Appeal No. 117/2022
whereby the appeal filed by the present applicant against the order and
conviction dated 13.10.2022 passed by the Chief Judicial Magistrate, First
Class, Dewas was partly allowed and the applicant stands convicted for
committing offence punishable under Section 4/9 and 5/9 (mentioned as 6/9 in
the impugned judgment) of the M.P.Govansh Vadh Pratishedh Adhiniyam and
sentenced to undergo R.I. for 2 years and 2 years, respectively with fine of Rs.
6,000/- for each offence along with default stipulation.
As per the case of the prosecution, the allegation against the applicant is
that he along with co-accused Saeed Qureshi were slaughtering cow with the
intention of selling beef in their house.
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 25-05-
2023 19:08:07
Learned counsel for the applicant submitted that the trial Court erred in
appreciating the evidence on record. There are fair chances of success of this
revision and the revision may take long time for its conclusion and the applicant
cannot be kept in custody for an unlimited period. Under these circumstances,
the execution of sentence be suspended and applicant be released on bail.
On the other hand, learned counsel appearing on behalf of the State
opposed the bail application.
Taking into consideration the aforesaid submissions of learned counsel
for the parties and the facts and circumstances of the case, without expressing
any opinion on the merits of the case, I.A.No. 7194/2023 is allowed.
I t is directed that subject to depositing the fine amount, if not already
deposited and on furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with a solvent surety of the like amount to the
satisfaction of the trial Court, the execution of jail sentence of applicant Pappu
@ Pyare Miyan shall remain suspended and he be released on bail. Applicant
shall appear before the Registry of this Court concerned on 04.09.2023 and on
subsequent dates as may be fixed in this regard, till final adjudication of this
appeal.
Certified copy as per rules
(S. A. DHARMADHIKARI)
V. JUDGE
vidya
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 25-05-
2023 19:08:07
