Fajalu vs The State Of Madhya Pradesh
2023 Latest Caselaw 17905 MP

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                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                            CRA No. 10121 of 2023
                  (FAJALU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

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

       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.19097/2023, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellants.

Each of the appellants have been convicted for the offences punishable under Section 11-Gh of Pashu Krurta Nivaran Adhiniyam with fine of Rs.50/-,

Section 6-Ka/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/-, each on each counts, with default stipulations.

Learned counsel for the appellants submits that the jail sentence of

appellants was suspended by the trial court till 30.08.2023 (as mentioned in the application). Thereafter, this court vide order dated 16.8.2023 has extended the period of bail of appellants from 30.08.2023 to 30.10.2023. The maximum jail sentence of appellants is of three years and they were on bail during trial and they did not misuse the liberty granted to them and also the appeal would take considerable time to conclude. They are ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

Learned counsel for the State has opposed the application and pray for

its rejection.

Heard learned counsel for the parties and perused the judgment and record of the court below.

In this application for suspension of sentence, which has been jointly filed by all the five appellants, it is claimed that the judgment of learned trial court is erroneous; the appellants were on bail during trial and there is no likelihood of their absconding nor will they misuse the liberty, therefore, prayer for suspension of sentence is made.

The impugned judgment and the record shows that the appellants were 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 appellants 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 appellants.

The application is accordingly dismissed.

List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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