Madanlal vs State Of Madhya Pradesh

Let record of the trial court be requisitioned.

I.A.No.6257/19, first application for suspension of sentence and grant of bail moved on behalf of the petitioner u/S. 397(1) of Cr.P.C. is taken up and considered.

In the present case, the petitioner has been convicted and sentenced u/Ss. 452 & 354 IPC for 3 months R.I. with a fine of Rs. 100/- and one year's R.I. with a fine of Rs. 500/- with default punishment by the judgment dated 6/8/2019 in Cri. Appeal No.998/19 passed by First Addl. Sessions Judge to the court of Third ASJ, Guna, (M.P.).

Looking to the quantum of sentence awarded to the petitioner coupled with the fact that petitioner was on bail during trial and appeal which liberty was not misused by him and that the fine amount has already been deposited and also that there is no possibility of the revision coming up for final hearing in near future without expressing any opinion on the merits, awaiting admission of the revision , this court is inclined to extend the benefit of suspension of sentence to the petitioner.

Accordingly, I.A.No. 6257/19 is allowed.

It is directed that the jail sentence of the petitioner will remain under suspension, subject to furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand only) with two solvent sureties each of Rs.25,000/- to the satisfaction of C.J.M concerned for his appearance before the concerned CJM on 16/9/2019 and on such further dates as may be fixed by him which shall be of frequency not less than once a year.

In case, the petitioner is found absent on any date fixed by the CJM, then the said CJM shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

The aforesaid order of suspension of sentence shall remain in force subject to the condition that petitioner shall plant 25 saplings of indigenous fruit bearing or shady trees on the side of the road/street of the place of residence of petitioner or at any other place in the district which is earmarked by the Collector/Revenue Authority for planting trees and shall take care of the trees for the next one year by watering the plants and by installing tree guards at his own expenses. In case the petitioner is unable to afford incurring of such expenses, then he would obtain saplings/tree guard from the forest authorities (the concerned Forest Range Officer of the area) free of cost or at concessional/nominal rates available under any beneficial scheme of the Government. The petitioner shall file an affidavit disclosing compliance of this condition within 30 days in the Registry, failing which this court may consider cancellation of this order.

For effective implementation of this order in the interest of betterment of ecology of the area concerned, the District Magistrate of district within which the petitioner resides is directed to assist the petitioner/accused to comply with said condition by extending all possible financial and material assistance to the petitioner admissible under any of the beneficial scheme for afforestation of the State.

The DFO of the concerned District is directed to file verification report before the trial Court concerned after carrying out inspection personally or through any other officer of the Forest Dept duly authorised in that behalf disclosing as to whether petitioner has complied with said condition or not, and if yes to what extent ?.

The learned trial Judge on receiving report of non-compliance of said condition shall forthwith communicate the same to the Registry of this Court.

The Registry on receiving any such report from the trial Court disclosing default shall put up the matter before appropriate Bench in shape of PUD.

A copy of this order be sent to the trial Court concerned for compliance.

Let a typed copy of this order be also supplied to the counsel for the State for compliance of the aforesaid directives.

A copy of this order be furnished by the Registry of this court to the concerned District Magistrate and the DFO having territorial jurisdiction over the place of residence of the petitioner for execution of the order in the interest of the ecology.

List the case for hearing on admission immediately after receipt of the record.

C.c.as per rules.