Madhya Pradesh High Court
Gatu @ Gotia vs The State Of Madhya Pradesh on 13 February, 2024
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 4329 of 2023
(GATU @ GOTIA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 13-02-2024
Shri Yashwant Pagare, learned counsel for the petitioner.
Shri Sameer Verma, learned counsel for the State.
Heard on I.A. No.2444/2024, which is an application filed under section
5 of the Limitation Act for condoning the delay of 209 days in filing this
criminal revision.
2. Learned counsel for the petitioner submits that at the time of passing
of the impugned judgment by the Appellate Court the appellant was not present
before the Court. Petitioner is a labour and had gone to Rajkot (Gujarat) for
labour work therefore, he was not aware about the impugned judgment hence,
the criminal revision would not be filed within limitation. His mistake is bonafide
therefore, the delay caused in filing this criminal revision may be condoned.
3. Learned counsel for the State has objected the prayer and prayed for
its rejection.
4 . On due consideration and the reasons assigned by counsel for the
petitioner I.A. No.2444/2024 is allowed and the delay of 209 days caused in
filing this criminal revision is hereby condoned.
5. In light of the aforesaid, I.A. No.16403/2023 which is another
application filed under section 5 of the Limitation Act for condonation of delay
is disposed off.
6. Also, heard on I.A. No.14660/2023, which is an application for
dispensing with certified copy of order dated 10.11.2022 and order dated
22.03.2018.
7. Learned counsel for the petitioner submits that he has filed certified
copy of order dated 10.11.2022 as well as order dated 22.03.2018 passed by
the learned trial court therefore, I.A. No.14660/2023 becomes infructuous.
8. In view of the aforesaid submission, I.A. No.14660/2023 is dismissed
as having been rendered infructuous.
9. Heard on the question of admission.
10. The criminal revision is admitted for final hearing.
11. Also heard on I.A. No.14410/2023, which is an application filed
under Section 397(1) of the Cr.P.C. for suspension of jail sentence of the
petitioner.
12. Petitioner has convicted under Section 10 of the M.P. Krishi Pashu
Parirakshan Adhiniyam and sentenced them to undergo RI for 01 year with fine
of Rs.1,000/- and under section 9 of the M.P. Govansh Vadh Parirakshan
Adhiniyam and sentenced to undergo RI for 01 year with fine of Rs.1,000/- with
d efault stipulation vide judgement dated 10.11.2022 passed by the 2 nd
Additional Sessions Judge, Sendhwa, District Barwani in Criminal Appeal
No.136/2018 affirming the judgement dated 22.03.2018 passed by the Judicial
Magistrate First Class, Barwani in Case No.304/2017.
13. Learned counsel for the petitioner submits that short sentence of 1
year has been involved in this case. Hence, prayer is made for suspension of jail
sentence and grant of bail to the petitioner.
14. Learned counsel for the non-applicant/State opposes the prayer made
by the petitioner and prays for its rejection.
15. I have heard learned counsel for both the parties and perused the
record.
16. Looking to the facts and circumstances of the case coupled with the
fact that the final hearing of this revision is not possible in near future, without
expressing any opinion on merits of the case, the application I.A.
No.14410/2023, is allowed and the jail sentence of the petitioners shall remain
suspended.
17. It is directed that subject to depositing the fine amount, if already not
deposited, petitioner-GATU@GOTIA shall be released on bail, on furnishing
personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand
Only) along with one solvent surety in the like amount to the satisfaction of trial
Court, for his appearance before the Registry of this Court firstly on
23.04.2024 on such other dates, as may be fixed by the Registry in this regard,
till final disposal of this revision.
18. List for final hearing in due course.
C.C. as per rules.
(PRAKASH CHANDRA GUPTA)
JUDGE
ajit
