Madhya Pradesh High Court
Trilok vs The State Of Madhya Pradesh on 14 September, 2021
Author: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
CR. REV. No. 2028 / 2021
TRILOK Vs. STATE OF MP
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INDORE, Dated : 14/09/2021
Heard through video conferencing.
Mr. Ajay Kumar Jain, learned counsel for the petitioner.
Mr. Shalabh Sharma, learned PL for the respondent - State, on
advance copy.
Issue notice to the respondents. PF within a week.
Heard on I.A.No. 23717/2021, an application for suspension of
execution of remaining jail sentence and grant of bail.
The present revision is arising out of the judgment of
conviction dated 25/11/2014 passed by the learned Addl. Chief
Judicial Magistrate, Kasrawad, in Criminal Case No. 150/2011. The
petitioner has been convicted for an offence u/S. 7(i)(2)(i) read with
Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 and
sentenced to undergo one year RI with fine Rs.1000/- and in default
of payment of fine, to further undergo 3 months RI-. The judgment of
conviction has been partially affirmed by the first appellate Court
vide judgment dated 26/8/2021 passed by the learned First Addl.
Sessions Judge, Mandleshwar (West Nimar) in Cr.A.No. 336/2014.
Learned counsel for the appellant has argued before this Court
that the Courts below committed legal and factual error by passing
the impugned judgment on the basis of conjectures and surmises and
making certain presumptions due to which the impugned order
deserves to be set aside. The applicant remained on bail during trial
and pendency of the appeal. There are lot of contradictions and
omissions in the present case and the applicant has been implicated
falsely. It is further argued that final hearing of the present revision is
likely to take a long time. Under these circumstances, applicant be
released on bail and the execution of remaining jail sentence be
suspended during pendency of the present revision.
Per contra, learned counsel for the respondent formally opposes
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
CR. REV. No. 2028 / 2021
TRILOK Vs. STATE OF MP
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the application and prays for its rejection.
Considering the peculiar facts and circumstances of the case
and also the fact that applicant was on bail during trial and during
pendency of the appeal, final hearing of the present revision is likely
to take a long time, without commenting upon the merits of the case,
this Court is of the considered opinion that the present application
deserves to be allowed and is accordingly hereby allowed.
The execution of substantive jail sentence awarded to applicant
shall remain suspended and he be released on bail subject to his
depositing the amount of fine and on his furnishing personal bond of
Rs.50,000/- (Rs. Fifty thousand only) with one surety in the like
amount to the satisfaction of the trial Court for his appearance before
the Office / Registry of this Court on 15/12/2021 and on such other
dates as may be fixed in this behalf.
The Revision is admitted for final hearing.
List for hearing in due course.
Certified copy, as per Rules.
(ANIL VERMA)
JUDGE
KR
Digitally signed by KAMAL RATHORE
Date: 2021.09.14 18:23:44 +05'30'
