Madhya Pradesh High Court

Gulab Singh vs The State Of Madhya Pradesh on 1 May, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRR No. 469 of 2024
                                         (GULAB SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 01-05-2024
                                 Shri Sankalp Kochar - Advocate for applicants.

                                 Shri J.K.Lodhi - Panel Lawyer for respondent/State.

Heard on I.A. No.2757/2024, which is first application under section 397 of Cr.P.C for suspension of sentence pending revision.

2. The applicants have been convicted vide judgment dated

27/01/2024 in Criminal Appeal No.12/2022 by First Additional Session Judge Panna arising out of judgment dated 30/12/2021 passed by JMFC Panna (M.P.) in Criminal Case No.300901/2014, whereby learned appellate Court dismissed the appeal filed by the applicant and affirmed the judgment passed by the JMFC Panna wherein t h e trial Court found the applicants guilty for violation of sections 9,39,44,48-A and 49 which are punishable under section 51(1) of the Wild Life (Protection) Act, 1972 and sentenced them to undergo R.I. for 3-3 years and fine of Rs.10,000-10,000/- with default stipulation.

2. Learned counsel for the applicants has submitted that applicants

are in jail since 27.01.2024 i.e more than 03 months and 10 days. It is submitted that the learned trial court as well as learned appellate court have not properly appreciated the evidence of witnesses. Provisions of Wild Life (Protection) Act, 1972 have not been properly appreciated. Applicants have fair chance to succeed in criminal revision. Therefore, prayer is made to suspend the sentence of the applicants and for releasing them on bail.

3. Counsel appearing for the State has opposed the prayer.

4. Applicants are in jail for more than 03 months and ten days. They

were found in possession of 35 Kg of meat of wild boar. Therefore, considering detention period of the applicants and the fact that there is no possibility of hearing of this revision in near future, but without commenting on merits of the case, I am of the opinion that case for suspension of jail sentence is made out. Hence, I.A. No.2757/2024 is allowed.

5. It is directed that applicants Gulab Singh, Harishankar @ Sonu and Vikram Singh be released on bail and execution of jail sentence imposed upon them shall remain suspended during pendency of this revision petition, subject to depositing entire fine amount, if not already deposited and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty

Thousand) each with one solvent surety in the like amount each to the satisfaction of the trial Court for their appearance before the trial Court on 22.10.2024 and on all subsequent dates as may be fixed by the trial Court in that regard.

List this case for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

MKL