Ashok Kumar vs The State Of Madhya Pradesh
2021 Latest Caselaw 7632 MP

                                                                      1                               CRR-2817-2021
                                            The High Court Of Madhya Pradesh
                                                     CRR No. 2817 of 2021
                                                (ASHOK KUMAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                    1
                                    Indore, Dated : 22-11-2021
                                          Shri Anand Soni, learned counsel for the applicant.
                                          Shri Sachin Jaiswal, learned Panel Lawyer for the respondent/State.

Heard on admission.

The revision is admitted for final hearing. Record of the Courts below be requisitioned.

Heard on I.A.No.28055/2021, an application under Section 397(1) of Cr.P.C.for suspension of sentence filed on behalf of applicant.

T he applicant has been convicted under Section 16(i)(i)(A)(i)(ii) r/w Section 7(i)(ii)(iii) and Rule 50 of the Prevention of Food Adulteration Act, 1954 and sentenced to undergo RI for six month with fine of Rs.2000/- with default stipulation vide judgment of conviction dated 22/12/2020 passed by Judicial Magistrate First Class, Neemuch in Criminal Case No.412/2010, affirmed by Additional Sessions Judge, Neemuch vide judgment dated 25/09/2021 passed in Cri.Appeal No.01/2021.

Learned counsel for the applicant submits that applicant is innocent. T he Courts below have not properly appreciated the evidence and have wrongly convicted the applicant. He is in jail since 25.09.2021. Due to Covid- 19 pandemic, final hearing of criminal revisions are not taking place. Therefore, prays for suspension of sentence and enlargement of applicant on bail, on such terms and conditions this Court deems fit and proper.

Per contra, learned Panel Lawyer opposes the prayer for suspension of sentence.

A f t e r considering the rival submissions and other facts and circumstances, final conclusion of the revision will take considerable long time, but without commenting on merits of the case, IA No.28055/2021 is Signature Not Verified SAN allowed.

Digitally signed by VIBHA PACHORI Date: 2021.11.23 10:44:10 IST 2 CRR-2817-2021 It is directed that jail sentence of the applicant shall remain suspended subject to deposit of fine amount, if not already deposited, and he be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rs.Thirty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court. The applicant is directed to appear before the

Registry of this Court on 04.01.2022 and on other subsequent dates as may be fixed in this behalf.

Accordingly, the IA stands disposed of.

It be listed for final hearing in due course. Certified copy as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

Vibha

Signature Not Verified SAN

Digitally signed by VIBHA PACHORI Date: 2021.11.23 10:44:10 IST