Ramji vs State Of Madhya Pradesh

Present revision petition has been filed against the judgment of conviction dated 11.02.2020 passed by the Chief Judicial Magistrate, Barwani in RCT No.500661/2016 by which the applicant has been convicted for the offence under Section 34(2) of MP Excise Act and sentenced to undergo one year RI along with fine of Rs.25000/- with default clause.

The judgment of conviction has been affirmed by the appellate court vide judgment dated 06.07.2020 passed in criminal appeal No.28/2020.

It has been argued by the learned counsel that the applicant has been falsely implicated in the crime and the factum of seizure of liqour from the house of the applicant has not been established by the independent witnesses as they have turned hostile and in spite of the aforesaid fact, the applicant has been convicted.

It has been stated that there are lot of contradictions and omissions in the evidence and they have been overlooked by the courts below. It has been further stated that courts below have not considered the evidence in true perspective and the final hearing of the criminal revision will take a long time. The applicant was on bail during trial and he has not misused the liberty granted to him. It is prayed that application for suspension of sentence be allowed and the applicant be released on bail.

Learned counsel for the respondents/State has vehemently opposed the bail application and prayed for its dismissal.

This Court after hearing the learned counsel for the parties is of the opinion that the application for suspension of sentence deserves to be allowed. Accordingly, I.A. No.4746/2020 stands allowed. The jail sentence awarded to the applicant shall remain suspended and he be released on bail on his depositing the fine amount and furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial court for his appearance before the Office / Registry of this Court on 10.12.2020 and on such other dates as may be fixed in this behalf.

Criminal revision is admitted for final hearing.

Let the record be requisitioned.

List the same in due course.

Certified copy as per rules.

It is needless to mention that in case, certified copy is not available due to some technical reason, the order uploaded on the website of the High Court shall be treated as certified copy for all purposes and the counsel shall be free to obtain certified copy later on as and when facilities are made available to him.