Anil Khangar vs The State Of Madhya Pradesh
2023 Latest Caselaw 18570 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                        CRR No. 4361 of 2023
                                               (ANIL KHANGAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-11-2023
                                  Shri Rahul Diwakar - Advocate for applicant.

                                  Ms. Shanti Tiwari - Panel Lawyer for respondent/State.

Heard on admission.

Admit.

Also heard on I.A. No.22629/2023, an application under Section 397(1)

of the Cr.P.C. filed on behalf of applicant for suspension of sentence and grant of bail.

T h e applicant has been convicted vide judgment dated 14/09/2023 passed by V Additional Sessions Judge, Tikamgarh in Cr.A. No.9/2023, arising out of judgment dated 16/12/2022 passed by Chief Judicial Magistrate, Tikamgarh in RCT No.922/2021, whereby learned appellate Court dismissed the appeal filed by the applicant and affirmed the order passed by the trial Court wherein the trial Court found the appellant guilty for commission of offence punishable under Sections 34(2) of the M.P. Excise Act and sentenced him to

undergo R.I. for one year with fine of Rs.25,000/- with usual default stipulations.

Learned counsel for the applicant submitted that learned trial Court as well as appellate Court without appreciating the prosecution evidence properly, wrongly found the applicant guilty for the aforesaid offence. The applicant is in custody since the date of judgment i.e. 14/09/2023. Hence, prayed for suspension of the jail sentence and release the applicant on bail, since the final hearing of this revision will take time.

Signature Not Verified Signed by: ANURAG SONI Signing time: 03-11-2023 16:37:47

P e r contra, learned counsel for State while opposing the prayer, supported the impugned judgment. He contends that judgment impugned is passed upon proper evaluation of evidence placed on record, so the sentence of the applicant should not be suspended.

Looking to the facts and circumstances of the case, contention of learned counsel for the applicant, short sentence awarded to the applicant and the fact that applicant is in judicial custody since the date of judgment i.e. 14/09/2023, this revision is of the year 2023 and hearing of this revision will take time, the application is allowed. It is, therefore, directed that execution of the jail sentence passed against applicant shall remain suspended during the pendency of this

revision and he be released on bail subject to depositing fine amount, if already not deposited and on furnishing personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court concerned on 20.12.2023 and on such further dates as may be fixed by it in this regard during the pendency of this revision.

List the case for final hearing in due course. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

as

Signature Not Verified Signed by: ANURAG SONI Signing time: 03-11-2023 16:37:47