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Judgment
Heard on I.A. No.7543/2020, which is an application under Section 5 of Limitation Act for condonation of delay in filing of appeal.
On due consideration, the same is allowed. The delay stands condoned.
Also heard on admission as well as on I.A. No.7095/2020, an application for suspension of sentence and grant of bail to the applicant.
The revision seems to be arguable, hence admitted for final hearing.
Applicant has been convicted under Section 51 of the Wild Life (Protection) Act, 1972, and sentenced to R.I. for one year with fine of Rs.1000/- with
default stipulation in Criminal Appeal No.62/2019 by learned Additional Sessions Judge, Pavai, vide judgment dated 17.03.2020.
It is submitted by learned counsel for the applicant that there is contradiction and omission and the judgment suffers from serious infirmities as the
allegation is regarding the seizure of meat/flesh, however, the seizure is shown of dead deer (Bhedki). It is further submitted that in the connecting
Criminal Revision No.1656/2020, application for grant of bail has been allowed and sentence has been suspended.
Learned Panel Lawyer for the respondent/State has opposed the bail application.
Consideration the aforesaid and looking to the short period of jail sentence, it is directed that if applicant furnishes a surety in the sum of Rs.50,000/-
(Rs. Fifty Thousand Only) and executes a personal bond in the like amount to the satisfaction of concerned trial Court, the execution of the sentence
of imprisonment passed against him shall remain suspended and he shall be released on bail.
Once the Court below is satisfied, as regards the bail bonds, the jail authorities shall comply with the directions given by the Supreme Court with
regard to release of under trial prisoner from jail by ensuring that he is first examined by the jail doctor and if he shows any symptoms of COVID 19,
refer him to such hospital designated by the State and the said hospital, thereafter shall follow the protocol laid down by the State, with regard to the
applicant.
After release, the applicant shall now appear before the Registry of this Court on 09.04.2021, and on such other dates which normally will not be less
than the period of eight months as may be directed to him in this regard till final disposal of this revision.
It is made clear that sentence of fine amount is not suspended.
With the above the application I.A. No.7095/2020 is finally disposed of.
A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Sheetal Tiwari, learned Panel Lawyer, on
their respective email addresses, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the
learned Court below.
List for final hearing in due course.
Certified copy/e-copy as per rules/directions.