Ritesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 7902 MP

1                           Cr.R.No.3011/2021
                         (Ritesh Vs. State of M.P.)

Indore : Dated 26.11.2021

      Shri Pankaj Sohani, learned counsel for the applicant.

      Ms.    Mamta     Shandilya,    learned     Govt.Advocate   for   the

respondent/State.

Heard on I.A. No.28579/2021, which is an application under

Section 397(2) of Cr.P.C. for suspension of sentence filed on behalf of

applicant - Ritesh.

Applicant has been convicted for the offence under Section 16(1)

(A)(I) of Prevention of Food Adulteration Act and has been sentenced to

undergo rigorous imprisonment for 6 months with fine of Rs.1,000/-with

default stipulation vide judgment dated 21.12.2016 passed by Judicial

Magistrate First Class, Kukshi, District Dhar in Criminal Case

No.683/2011, affirmed vide judgment dated 15.11.2021 passed by the

Addl.Sessions Judge, Kukshi, District Dhar in Cri.Appeal No.04/2017.

It is submitted that learned Courts below have wrongly convicted

the applicant. The learned Courts below have not properly appreciated

the evidence. The applicant was on bail during trial and he has not

misused the liberty granted to him. The disposal of revision will take

time, hence the sentence of the applicant may be suspended and he may

be released on bail.

On the other hand, learned Govt.Advocate for the respondent/State

has opposed the suspension application

(Ritesh Vs. State of M.P.)

Having considered the rival submissions made by learned counsel

for the parties and also considering other facts and circumstances of the

case, which was imposed on him, I am of the view that it is a fit case for

suspension of sentence and grant of bail in favour of appellant.

Accordingly, I.A. No.28579/2021 is allowed.

It is directed that on depositing of fine amount, if not already

deposited and on furnishing personal bond for the sum of Rs.50,000/-

(Rupees Fifty Thousand Only) with separate surety bond in the like

amount to the satisfaction of the Trial Court for his appearance before the

Registry of this Court on 17.1.2022 and on subsequent dates as may be

fixed by the Registry of this Court, the applicant be released on bail and

the substantive sentence under appeal shall remain suspended.

Certified copy as per rules.

(Satyendra Kumar Singh) Judge Patil

Digitally signed by SHAILESH PATIL Date: 2021.11.26 15:20:22 +05'30'