Rashid vs The State Of Madhya Pradesh
2025 Latest Caselaw 6064 MP

Madhya Pradesh High Court

Rashid vs The State Of Madhya Pradesh on 26 March, 2025

                                                             1                            CRR-1224-2025
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     CRR No. 1224 of 2025
                                               (RASHID Vs THE STATE OF MADHYA PRADESH )



                          Dated : 26-03-2025
                                Shri Faisal Ali Shah - Advocate for the petitioner.
                                Shri Saket Udeniya - Public Prosecutor for the respondent/State.

Heard on admission.

2. The revision being arguable is admitted for final hearing.

3. Also heard on IA No.6076/2025, which is first application under Section

438(1) of BNSS/397 of CrPC for suspension of sentence and grant of bail moved on behalf of the petitioner.

4. This Criminal Revision has been preferred by the petitioner against the judgment dated 25.02.2025 passed in CRA No.02/2019 by Additional Sessions Judge, Raghogarh, District Guna, whereby the Appellate Court has dismissed the appeal filed on behalf of petitioner against the judgment of conviction and order of sentence dated 08.11.2019 passed by the JMFC, Raghogarh, District Guna in Case No.RCT 100430/2013, by which the petitioner has been convicted under Section 6/11 of Krishi Pashu Parirakshan

Adhiniyam, 1959 and Section 11(d) of Prevention of Cruelty to Animal Act and sentenced to undergo six months' R.I. with fine of Rs.500/- and Rs.10/- respectively, with default stipulation.

5 . Learned counsel for the petitioner submitted that both the courts below have wrongly convicted the petitioner without appreciating the evidence available on record properly. There are material omissions and contradictions

2 CRR-1224-2025 in the statements of prosecution witnesses. Petitioner was on bail during trial and and he never misused the liberty granted to him. This criminal revision is likely to take long time to come up for final hearing and petitioner has hope and belief that he would succeed in the revision. Under these circumstances, learned counsel prayed to suspend the jail sentence of the petitioner looking to the short period of jail sentence.

6. Per contra, learned counsel for respondent/State opposed the application and prayed for its rejection.

7. Heard learned counsel for the parties and perused the material available on record.

8. In view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, application (IA

No.6076/2025) is allowed. It is directed that petitioner be released on bail, subject to verification of depositing the amount of fine and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court. The petitioner shall now appear before the Registry of this Court first on 05.05.2025 and on all other dates which may be given by the Office for his appearance.

9. List the case for final hearing in due course.

Certified copy as per rules.

(RAJENDRA KUMAR VANI) JUDGE

3 CRR-1224-2025 Monika