Madhya Pradesh High Court
Vikas Jain vs The State Of Madhya Pradesh on 15 March, 2021
Author: Sheel Nagu
1 CRR-734-2021
THE HIGH COURT OF MADHYA PRADESH
CRR-734-2021
(VIKAS JAIN Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated:15/03/2021
Shri Sanjay Bahirani, learned counsel for the petitioner.
Shri N.K. Gupta, learned Panel Lawyer for respondent/State.
Heard on IA.7369/2021, an application u/Sec.397(1) Cr.P.C.
for suspension of sentence and grant of bail moved on behalf of
petitioner is taken up and considered.
This criminal revision assails the judgment dated 04.03.2021
passed in Criminal Appeal No.321/2017 by 10 th Additional Sessions
Judge, Gwalior, District Gwalior (M.P.) whereby the judgment of
conviction and order of sentence dated 08.05.2017 passed in Criminal
Case No.2180/2011 by Judicial Magistrate First Class, Gwalior,
District Gwalior (M.P.) has been confirmed by which petitioner has
been convicted and sentenced as under with default stipulation :
Section Imprisonment Fine
7(i)/16(i)(a) Prevention of 06 months' R.I. Rs.5,000/- with
Food Adulteration Act. default stipulation.
7(ii)/16(i)(a) Prevention 06 months' R.I. Rs.5,000/- with
of Food Adulteration Act. default stipulation.
7(iii)/ Rule 50 & 16(i)(a) Till the rising of Rs.500/- with default
Prevention of Food Court stipulation.
Adulteration Act.
Learned counsel for the State opposed the application and
prayed for its rejection by contending that on the basis of the
2 CRR-734-2021
allegations and the material available on record, no case for
suspension of sentence is made out.
Learned counsel for the petitioner submits that petitioner was
on bail before the trial court and as well as before the appellate court
and the amount of fine has already been deposited.
In view of the reasons mentioned in the application coupled
with the fact that there is no possibility of revision coming up for
final hearing in near future and also looking to the short period of
sentence awarded, 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, IA.No.7369/2021 is allowed.
It is directed that the jail sentence of the petitioner will remain
under suspension, subject to depositing fine amount and furnishing
bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one
solvent surety of the like amount to the satisfaction of CJM concerned
for his appearance before him on 05/05/2021 and all other subsequent
dates as may be fixed by him which shall be of frequency not less
than once in a year.
In case, the petitioner is found absent on any date fixed by the
concerned CJM then he shall be free to issue and execute warrant of
arrest for securing petitioner's presence without first referring the
matter to this Court, provided the Registry of this Court is kept
3 CRR-734-2021
informed.
The learned concerned CJM and the prosecution are directed to
ensure following of Covid-19 precautionary protocol prescribed from
time to time by the Supreme Court, the Central Govt. and as well as
the State Govt during release, travel and residence of the petitioner
during period of suspension of sentence as a consequence of this
order.
The petitioner has gracefully agreed to act as a Shiksha
Swayamsevak by rendering physical and financial assistance to
government primary school situated nearest to residence of petitioner
for ensuring hygiene and sanitation and for removing deficiencies of
infrastructural amenities in the said school from the skill/resources of
the petitioner. [;kfpdkdrkZ us ,d f'k{kk Lo;alsod ds :i esa vius fuokl ds
fudV vofLFkr ljdkjh izkFkfed fo|ky; esa LoPNrk vkSj vkjksX; dks lqfuf'pr djus
ds fy, 'kkjhfjd ,oa foRrh; lgk;rk iznku djus ,oa vius dkS'ky o lalk/kuksa ls mDr
fo|ky; esa volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djus dh LosPN;k lgefr
iznku dh gSAa]
The petitioner after selecting a particular Govt. Primary School
shall inform about the same to the office of Gram Panchayat (in case
of rural area) and/or Ward Officer of the concerned ward (in case of
urban area), within whose territorial jurisdiction the said school is
situated. [;kfpdkdrkZ ,d fof'k"V izkFkfed ljdkjh Ldwy dk p;u djus ds i'pkr~
blds ckjs esa xzke iapk;r ds dk;kZy; ¼xzkeh.k {ks= ds ekeys esa½ [email protected];k lEcaf/kr okMZ
4 CRR-734-2021
ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys es½a ftlds {ks=kf/kdkj esa mDr Ldwy vofLFkr gS]
dks lwfpr djsxkA].
It will be joint responsibility of Sarpanch and Secretary of said
Gram Panchayat (in case of rural area) and/or Ward Officer of the
concerned ward (in case of urban area) to preserve the said
information provided by the petitioner. [;g lEcaf/kr okMZ ds okMZ vf/kdkjh
¼'kgjh {ks= ds ekeys esa½ [email protected];k mDr xzke iapk;r ds ljiap vkSj lfpo ¼xzkeh.k {ks=
ds ekeys esa½ dh la;qDr ftEesnkjh gksxh fd] ;kfpdkdrkZ }kjk iznRr lwpuk dks lajf{kr
djsA].
The Registry of this Court shall communicate this order
through Legal Aid Officer, SALSA, Gwalior to the Collector, District
Education Officer, Block Education Officer of the district/block
concerned for information and follow up.
A copy of this order be supplied to the Legal Aid Officer,
SALSA, Gwalior who is directed to communicate this order to the
District Education Officer, Block Education Officer of the
district/block concerned who in turn shall encourage the petitioner to
indulge in community service as aforesaid.
Let record of courts below be requisitioned.
List immediately after receipt of record for hearing on
admission.
C.c. as per rules.
(Sheel Nagu)
vpn Judge
VIPIN KUMAR
AGRAHARI
2021.03.16
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00' 10:37:40 +05'30'
