Citation : 2021 Latest Caselaw 9064 MP
Judgement Date : 21 December, 2021
1 CRR-3400-2021
The High Court Of Madhya Pradesh
CRR No. 3400 of 2021
(MUKESH BHAVNANI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 21-12-2021
Shri Rahul Diwaker, learned counsel for the applicant.
Ms. Manju Pillay, learned Panel Lawyer for the respondent/State.
Record of the trial Court has been received. Heard on admission.
After perusal of the impugned judgment and other documents, this
revision is having arguable point, hence, it is admitted for final hearing.
Heard on I.A. No.22339/2021 for suspension of sentence and grant of bail to the applicant.
The applicant stand convicted for the offence punishable under Section 7(II) read with Section 16(1)(A)(I) of Prevention of Food Adulteration Act, 1954 and has been sentenced to undergo R.I. for 6 months and fine of Rs.1000/-, respectively, with default stipulations.
Learned counsel for the applicant submits that the applicant was on bail during the trial and did not misuse the liberty; therefore, it has
been prayed that the applicant be released on bail.
Learned Panel Lawyer for the respondent/State has opposed the bail application.
However, keeping in view the term of sentence and the fact that the disposal of revision is likely to take time and the applicant did not misuse the liberty, the application deserves to be and is hereby allowed.
It is directed that on depositing fine amount, if not already deposited and on furnishing a personal bond in the sum o f Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 24.01.2022 and all other subsequent dates as may be fixed by Signature SAN Not Verified
Digitally signed by SWETA SAHU Date: 2021.12.22 13:11:18 IST 2 CRR-3400-2021 the trial Court in this regard, the remaining part of the execution of substantive jail sentence of the applicant shall remain suspended and he be released on bail.
It is further directed that if the applicant is found indulged in any criminal activity during suspension of the jail sentence, the bail granted
in this case shall stand cancelled.
Jail authorities and State are directed to follow the guidelines issued by the Ministry of Health/State/Center in the wake of widespread o f Novel Corona Virus (COVID-19) before and after release of the applicant from the jail.
List this case for final hearing in due course. Certified copy as per rules.
(SUNITA YADAV) JUDGE ss
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