SHIVA DHIMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Revision has been filed under Sec. 397/401 of Cr.P.C by being aggrieved by the judgment dtd. 22/4/2024 passed by III Additional Sessions Judge, Dewas in Criminal Appeal No.90/2023 affirming the judgment dtd. 17/3/2023 passed by the JMFC, Dewas in Criminal Case No. 2653/2017 convicting petitioner under Sec. 9(2) r/w 6 of Madhya Pradesh Govansh Vadh Pratisheth Adhiniyam, 2004 and sentencing him to suffer 6 months imprisonment with fine of Rs.5000.00 with default stipulation.

(2.) That, as per prosecution case, on 14/11/2017 respondent got information that pickup vehicle bearing registration No. MP 41 GA 1537 is illegally carrying the young bulls for the purpose of slaughtering. Thereafter the respondent checked the aforesaid vehicle at Bima Road square where 5 young bulls were found. When the petitioner/driver was asked about the permit, he totd that he does not have a permit. After which crime No. 469/2017 was registered against the driver Shiva for the offence under Sec. 4,6,9 of M.P.Govansh Vadh Pratishedh Adhiniyam and owner of the vehicle.

(3.) At the outset, counsel for the applicant submits that he is not challenging the conviction on merit but confining his prayer to reduce the sentence. It is submitted that incident had taken place in the year 2017 and the petitioner has been prosecuting trial, appeal and revision since then. The petitioner has already undergone jail sentence of about one month. As the petitioner has no criminal record, therefore, instead of continuing him in jail, benefit of the Probation of Offenders Act, 1958 be extended to him. In this regard, learned counsel for the petitioner placed reliance on decision rendered by Gwalior Bench in Criminal Revision No. 498/2023 (Jitendra Vs. State of M.P.) and also on para 13 of the decision of the Apex Court in the case of Lakhvir Singh and others Vs. The State of Punjab and others decided on 19/1/2021 in Criminal Appeal Nos.47-48 of 2021 which reads as under :