Rajesh Rathor vs The State Of Madhya Pradesh
2023 Latest Caselaw 16638 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        CRR No. 4284 of 2023
                                              (RAJESH RATHOR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 09-10-2023
                                 Mr. Faisal Ali Shah - Advocate for the petitioner.

                                 Mr. Dheeraj Kumar Budholiya - Panel Lawyer for respondent/ State.

Admit.

Heard on I.A.No. 17214 of 2023, first application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioner.

The revision has been preferred by the petitioner under Section 397, 401

o f the Cr.P.C. against the impugned judgment dated 22.08.2023 in Cr.A.No. 395/2022 passed by Sessions Judge, Shivpuri, District Shivpuri (M.P.) affirming the judgment of conviction and sentence dated 08.12.2022 passed in Criminal Case No. 956/2019 by Judicial Magistrate First Class, Shivpuri, District Shivpuri (M.P.) and convicting and sentencing the petitioner under Section 49-A of Excise Act to undergo rigorous imprisonment of one year with fine of Rs.500/- with default stipulations.

Learned counsel for the petitioner argued that the Courts below have wrongly appreciated the evidence and convicted the petitioner. Independent

witness has not supported memorandum of seizure. It is further submitted that the petitioner has already suffered six months of incarceration out of total jail sentence of one year. Present revision is likely to take long time to come up for final hearing. Hence, prayed to suspend the jail sentence of the petitioner looking to the short period of jail sentence and release him on bail.

On the other hand, learned State counsel opposed the application and prayed for rejection of the same.

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/10/2023 9:58:05 AM

In view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application (I.A. No. 17214 of 2023) is allowed.

It is directed that the petitioner be released on bail on his furnishing a 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 concerned trial Court. The petitioner shall now appear before the Registry of this Court 22.12.2023 and on all other dates which may be given by the Office for his appearance.

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

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/10/2023 9:58:05 AM