Mohan vs State Of M.P

Heard on the question of admission.

Admit.

Heard on I.A.No.2499/2020, an application for suspension of jail sentence of the applicant (Mohan) who has been convicted for the offence

punishable under Section 4/9(1), 6/9(2) of M.P. Govansh Vadh Pratished Adhiniyam, Section 11(d) of Prevention of Cruelty to Animals Act, 2/181,

Section 146/196, Section 66/196 and Section 115/190(2) of Motor Vehicles Act and sentenced to undergo 1 years RI with fine of Rs.5000/-, under

Section 4/9(1), 6/9(2) of M.P. Govansh Vadh Pratished Adhiniyam has been sentenced to undergo 6 months of RI with fine of Rs.5000/- and two

varying sentences of fine for rest of the offences with default stipulations by JMFC, Bhikangaon in Cri. Case No.697/2013 vide judgment dated

24.10.2019 and the aforesaid judgment in entirety has been affirmed in Cri. Appeal No.38/19, judgment dated 6.3.2020 by ASJ, Bhikangaon Distt.

West Nimar (Mandleshwar).

The prosecution story in short was that the applicant being the owner and driver of a vehicle bearing registration No.M.P. 10 G 0941 and he was

carrying 9 cows in a condition which

depicted cruelty per se and they were stuffed in very constricted space in the vehicle due to which one of the animals scummed to suffocation and

injuries. On interception of this vehicle, applicant â€" Mohan being the owner and driver fled from the spot and his associates co-accused Fazal was

arrested.

Learned counsel for the applicant submits that there is no evidence to show that applicant Mohan was driving his own vehicle at the time of

incident. Undeniably applicant â€" Mohan is the owner of the vehicle but there is no evidence to show that he was driving the vehicle and such matter

cannot be proved on the basis of presumption.

Learned counsel for the State was heard who has referred to portions of the trial court judgment which are para Nos.11, 19 and 23 and submits that

the trial court has very affirmatively found the appellant driving the vehicle on the date of the incident.

The complete record of the trial court is available, which was perused.

There is no evidence available to show that applicant â€" Mohan was driving the vehicle owned by him on the date of the incident. The

memorandum of co-accused Fazal has also not been drawn and there is no evidence to show that the applicant was driving the vehicle only he was

the owner of the vehicle.

After duly considering the submissions, the application for suspension of jail sentence of the appellant is being allowed. Accordingly

I.A.No.2499/2020 is allowed and it is directed that on depositing the fine amount (if not deposited) and on furnishing a personal bond to the tune of

Rs.50,000/- by the appellant with one solvent surety in the like amount to the satisfaction of the trial court, the substantive jail sentence of the

appellant shall remain suspended till the final disposal of the appeal and he shall be released on bail for his regular appearance before the Registry of

this court on 28.7.2020 and all other subsequent dates as may be fixed in this behalf by the Office.

List for final hearing in due course.

Certified copy as per Rules.