Citation : 2024 Latest Caselaw 6128 MP
Judgement Date : 28 February, 2024
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 757 of 2024 (SAIFU Vs THE STATE OF MADHYA PRADESH)
Dated : 28-02-2024 Shri Santosh Sahu - Advocate for the petitioner.
Ms. Shikha Baghel - Panel Lawyer for the State.
Call for the record of the Trial Court.
Heard on IA 4352/2024 for suspension of sentence and grant of bail to the applicant.
The appellant has been convicted under Sections 34 (1)(A)(B) of M.P. Excise Act, Section 4 read with 9 of M.P. Govansh Pratished Act and Section 6 read with 9 of M.P. Govansh Pratished Act as well as Section 11 (Gha)(Da) (Cha) of Prevention of Cruelty to Animals and sentenced to R.I. for 6 months, 1 year, 1 year and nill respectively with fine of Rs.5000/-, Rs.5,000/0, Rs.5,000/- and Rs.50/- respectively with default stipulation by the learned I Additional Sessions Judge, Sehore district Sehore by judgment dated 31.1.2024 passed in Criminal Appeal No. 14/2022.
Learned counsel for the petitioner submits that the petitioner is in jail. It
is further contended by the learned counsel that past record of the appellants is unblemished. Looking to the short term sentence awarded to the appellant he be released on bail.
On the other hand, learned Government Advocate has opposed the said bail application.
Considering the submissions and the fact that the petitioner has been awarded short terms sentence of 1 years and also the fact that there are no past antecedents of the appellant, I.A.No.4342/2024 is allowed. The execution
of jail sentence of applicant, namely, Saifu is hereby suspended subject to depositing of the fine amount, (if not already deposited). It is directed that the petitioner be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 24.05.2024 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.
List the case for final hearing in due course as per listing policy. Certified copy as per rules.
(MANINDER S. BHATTI) JUDGE
vivek
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