Radheshyam vs The State Of Madhya Pradesh
2023 Latest Caselaw 16518 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 3584 of 2023 (RADHESHYAM Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 06-10-2023 Shri Devendra Gangrade - Advocate for the applicant.

Shri Akhilendra Singh - Government Advocate for the State.

Heard on admission.

Admit.

Also heard on I.A.No.19239/2023 which is the first application under

Section 389 (1) CrPC for suspension of custodial sentence and grant of bail.

Appellant has been convicted under Section 51(1C) of the Wild Life Protection Act and sentenced to undergo RI for 3 years with fine Rs.50,000/- with default stipulation vide judgment dated 19.07.2023 passed in CRA No.9/2023 by Third ASJ, Narmadapuram Madhya Pradesh.

The sole ground taken for suspension of sentence by the counsel for the appellant is the period of custody. It is submitted that the appellant has been sentenced RI for 3 years, out of which he has already suffered more than nine months incarceration. It is further submitted that appeal is of the year 2023 and

there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentenced of the appellant may be suspended.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case and the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, I.A.No.19239/2023 stands allowed and it is directed that the Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/7/2023 3:10:41 PM

jail sentence of appellant-Radheshyam shall remained suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 18.12.2023 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/7/2023 3:10:41 PM