Manohar Kothari vs State Of M.P

Heard.

Record be called for and list thereafter for admission. Also heard on I.A. No. 5824/2020 an application for suspension of sentence and for grant of bail.

The appellant before this court has filed this revision petition being aggrieved by the judgment dated 27-07-2018 passed in RCT No. 300521/2015 by which the appellant has been convicted for an offence u/s 34 (2) of the M.P. Excise Act. The appellant is also against the judgment delivered in appeal by the First Additional Judge, Badwani in CRA No. 119/2018 decided on 20-08-2020. The appellant has been sentenced to undergo one year rigorous imprisonment alongwith a fine amount of Rs. 25,000/-with a default clause to undergo with further one month rigorous imprisonment.

Learned counsel for the applicant has argued before this court that the court below has not considered the evidence in true perspective. It is submitted by learned counsel for the applicant that during trial as well as during pendency of the appeal the applicant was released on bail and he did not misuse the liberty granted to him. It is further submitted by him that looking to the period of sentence, the application for suspension of sentence may be allowed.

Considering the averments as made in the application and looking facts and circumstances of the case and looking to the period of custody and the period of sentence, without expressing any opinion on merits of the case, I.A. No. 5824/2020 is allowed and it is directed that the substantive jail sentence of the applicant shall remain suspended and he be released subject to his furnishing a bail bond in the sum of Rs.50,000/-(Rs. Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court and he shall appear before the Registry of this Court on 02-12-2020 and on all other subsequent dates as may be given in this behalf.

C.C. as per rules.