Bitua Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 7941 MP

                                   1                              CRR-2947-2021
        The High Court Of Madhya Pradesh
                 CRR No. 2947 of 2021
                   (BITUA YADAV Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 29-11-2021

      Shri Surya Kumar Patel, learned counsel for the applicant.
      Shri Amit Bhurrak, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

This revision involves arguable point, therefore, it is admitted for hearing.

Record of the Courts below be called for.

Also heard on I.A. No.20177/2021, an application for suspension of sentence and grant of bail to the applicant.

Vide the impugned judgment dated 10.11.2021 passed by the 3 rd Additional Sessions Jude, Panna, the applicant has been convicted for the offence punishable under Section 16(1)a(i)(ii) of the Prevention of Food Adulteration Act, 1954 and sentenced thereunder to suffer RI for 1 year with fine of Rs.2000/- failing which further RI for 3 months.

Learned counsel for the applicant submits that the applicant is in jail since 10.11.2021 and he has already deposited the entire fine amount. He further submits that the jail sentence awarded to applicant is of short term and the final hearing of this revision would take a long time. He submits that if jail sentence awarded to applicant is not suspended and he is not released on bail, the very purpose of filing this revision would be frustrated. Therefore, remaining jail sentence of applicant may be suspended and he may be released on bail.

Learned Panel Lawyer appearing for the respondent/State on the other hand has opposed the application.

Considering the fact that the applicant has been awarded the sentence for 1 year and he is in jail since 10.11.2021, the revision would 2 CRR-2947-2021 take time to be heard finally, without commenting anything on the merits of the case, I am inclined to allow the application for suspension of sentence and grant of bail to the applicant. Accordingly, I.A. No.20177/2021 is allowed.

It is directed that on applicant's depositing the entire fine amount, if

not deposited, his remaining jail sentence shall remain suspended and he shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with a surety bond of like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 10.03.2022 and on such other dates as may be fixed by the Registry in this regard.

List for final hearing in due course.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

ac/-

Digitally signed by ANIL CHOUDHARY Date: 2021.11.30 10:55:40 +05'30'