Jitendra vs State Of Madhya Pradesh

Roopesh Chandra Varshney, J

Heard on the question of admission.

Revision is admitted for final hearing.

Also heard on I.A. No.23606/2023, which is the first application for suspension of sentence and grant of bail filed under Section 397 of Cr.P.C. on behalf of applicant.

T h e applicant has been convicted vide judgment dated 15.09.2023 passed by Sessions Judge, Sehore District Sehore in Cr.A. No.45/2023, whereby appeal preferred by applicant against judgment dated 20.01.2023 passed by Chief Judicial Magistrate, Sehore in Criminal Case No.1370/2022 got allowed and applicant has been found guilty for commission of offence punishable under Sections 34 (1)(A)(B) of MP Excise Act and sentenced to undergo RI for 6 months and to pay fine amount of Rs.5000/- for each offence with usual default stipulations.

Learned counsel for the applicant submits that the trial Court as well as appellate Court have not properly appreciated the evidence in its proper perspective and committed grave error in convicting the applicant for aforesaid offence. There are fair chances of success of this revision and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the revision filed by applicant may turn infructuous. Under these circumstances, learned counsel for applicant prays for suspension of jail sentence and release of the applicant on bail till the final disposal of the revision.

On the other hand, learned counsel for State has opposed the contention raised by learned counsel for applicant and prays for rejection of said application.

Looking to the facts and circumstances of the case, contention of learned counsel for the applicant coupled with the fact that short sentence of 6 months RI has been awarded to the applicant and according to listing policy the hearing of this revision will take time, the application i.e. IA No.23606 of 2023 is allowed and it is directed that the execution of the remaining jail sentence passed against applicant shall remain suspended during the pendency of this revision and he be released on bail subject to depositing entire fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 22/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this revision.

List the revision for final hearing in due course.

Certified copy as per rules.