Allahabad High Court
Bhola Sahu vs State Of U.P. And 3 Others on 8 October, 2018
Bench: Bala Krishna Narayana, Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 27388 of 2018
Petitioner :- Bhola Sahu
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Manvendra Singh
Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the petitioner and learned A.G.A. for the respondent nos. 1 to 4.
This writ petition has been filed by the petitioner with a prayer that a writ, order or direction be issued in the nature of mandamus commanding and directing the respondents to decide the application dated 11.4.2016 filed by the petitioner within stipulated and reasonable period.
The facts of the case which have not been disclosed in the writ petition are that the petitioner was convicted Under Section 7(i)/16(1)(a)(i) of Prevention of Food Adulteration Act, 1954 by the judgment and order dated 26.4.2014 passed by Addl. Chief Judicial Magistrate, Court No. 10, Fatehpur in Criminal Case No. 37 of 2003 and sentenced to one year rigorous imprisonment and a fine of Rs. 1,000/- and in default of payment of fine additional sentence of 15 days.
The aforesaid order was challenged by the petitioner by filing an appeal before the Sessions Judge, Fatehpur which was numbered as Criminal Appeal No. 44 of 2014, transferred for disposal before Special Judge (E.C. Act), Fatehpur and dismissed by him by his order dated 22.8.2015. The petitioner challenged both the aforesaid orders before this court in Criminal Revision No. 3187 of 2015 which was finally disposed of by an order dated 1.9.2015 passed by this Court with the following directions:
"(i) Order of conviction is maintained;
(ii) In case, the revisionist deposits a sum of Rs.5,000/- as additional fine before the Trial Court within 6 weeks from today, he shall be released on bail on his furnishing a bond with two sureties of the like amount, each to the satisfaction of the court concerned, and simultaneously he would apply before the appropriate government for commutation of his sentence;
(iii) The State government shall be obliged to consider the request for commutation of sentence in accordance with law and in the light of observations made above, within a further period of three months from the date of production of certified copy of the order along with the request for commutation.
(iv) For a period of 6 months, revisionist need not surrender to undergo remaining sentence. If no orders for commutation in favour of revisionist is passed by the appropriate government, within the aforesaid period (3 months), the revisionist would be obliged to surrender only upon refund of fine deposited by him.
(v) The competent authority would strictly adhere to the time schedule and to the conditions stipulated hereinabove.
(vi) However, in case of default on the part of revisionist in complying with this order, he shall forthwith surrender after 6 weeks to serve out his remainder sentence.
Let a copy of this order be sent to the Trial Court concerned and to the State Government for compliance and necessary action."
It is submitted by the learned counsel for the petitioner that in compliance of the order dated 1.9.2015 the petitioner has deposited the additional fine of Rs. 5,000/- on 7.9.2015 before the Magistrate concerned, a true copy of the receipt of deposit has been brought on record by the petitioner as Annexure SA-1. It is next submitted that after depositing the additional fine the petitioner had made a representation before Hon'ble Governor of U.P. on 11.4.2016 for commutation of sentence, copy whereof has been brought on record as Annexure-4 to the writ petition but till date no order has been passed on the representation of the petitioner and hence the Hon'ble Governor be requested by this Court to decide his representation.
Having heard learned counsel for the parties and perused the material available on record and without expressing any opinion on the merits of the case, we dispose of this writ petition with liberty to the petitioner to file a fresh representation before the State Government as directed by this court by order dated 1.9.2015 with a prayer for commutation of his sentence. In case any such representation is made by the petitioner before the State Government along with the certified copy of this order within a period of three weeks from today the State Government shall take appropriate decision within a further period of six months.
Order Date :- 8.10.2018
Masarrat
