Ansar vs The State Of Madhya Pradesh
2023 Latest Caselaw 17904 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                            CRA No. 10083 of 2023
                       (ANSAR Vs THE STATE OF MADHYA PRADESH)

Dated : 27-10-2023
      Shri M. K. Tripathi - Advocate for the appellant.

      Shri Devendra Shukla - Panel Lawyer for the State.

      Reserved on              : 25.10.2023
      Pronounced on            : 27.10.2023

      Arguments of both the counsel for the parties are heard at length.

      Judgment and record of the Court below perused.
                                   ORDER

Heard on admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A No.19011/2023 , which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant.

The appellant has been convicted for the offences punishable under Section 11 of Pashu Krurta Nivaran Adhiniyam with fine of Rs.50/-, Section 6-

A/9(2) read with Section 34 of M. P. Govansh Vadh Pratished Adhiniyam and IPC and sentenced to undergo R.I. for 3 years with fine of Rs.7,000/-, Section 420/511 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs. 5,000/- and Section 429 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.5,000/- , with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. The learned trial Court has erred in

not appreciating the fact that there are material omissions and contradictions in the versions of the prosecution witnesses. The appellant is in custody. There is no likelihood of hearing of appeal in near future. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State opposes the application and prays for its rejection.

I n this application for suspension of sentence, which has been jointly filed by the appellant, it is claimed that the judgment of learned trial court is erroneous; the appellant is in custody and there is no likelihood of his absconding nor will he misuse the liberty, therefore, prayer for suspension of

sentence is made.

The impugned judgment and the record shows that the appellant was held guilty for using fake number plate on the vehicle in which the cow progeny were being transported without permit and cruelty was committed to these cattle on account of which two of them died during transit.

Learned counsel for the appellant has relied upon the decision of a co- ordinate Bench of this Court passed in Criminal Appeal No.3099/2018 (Sheikh Sardar v. The State of Madhya Pradesh) but Section 6-A of M.P. Govansh Vadh Pratishedh Adhiniyam, 2004 punishable under Section 9 of that Act itself makes the transportation of cow progeny without permit a punishable crime and it is not necessary to prove that the purpose of transport was to take the cattle for slaughtering. Further, there are rules prevalent regarding transportation of animals which are known as "The Transportation of Animals Rules, 1978".

Thus, the facts proved before the trial court justify its finding prima facie and on consideration of this fact, I do not find any justification to suspend the

sentence of appellant.

The application is accordingly dismissed.

List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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