Jaid Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 3576 MP

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                                              The High Court Of Madhya Pradesh
                                                        CRR No. 599 of 2022
                                                          (JAID KHAN Vs THE STATE OF MADHYA PRADESH)

                                   Jabalpur, Dated : 14-03-2022
                                         Shri Siddhant Kochar, learned counsel for the applicant.

                                         Shri Raghuveer Prajapati, learned Panel Lawyer for the respondent/State.

Learned counsel for the applicant has submitted that applicant has surrendered before the Trial Court on 10.3.2022 and he is in jail. He has moved I.A. No.4668/2022 for taking documents on record in this regard.

After due consideration I.A. No.4668/2022 is allowed and documents

submitted by the learned counsel for the applicant are taken on record.

On a perusal of order sheet dated 10.3.2022 of the Court of Smt. Gargi Sharma, J.M.F.C., Raisen, it is revealed that applicant Jaid Khan has surrendered before that Court on 10.3.2022 in connection with Criminal Case No.320/2008 and First Appeal C.R.N.No.318/2016, judgment dated 23.12.2021. He has been committed to jail. On a perusal of Trial Court order sheet it is apparent that applicant has surrendered and he is in jail, therefore, the application for bail under Section 389(1) of Cr.P.C. can be considered.

Heard on I.A. No.3029/2022 which is an application under Section 389(1)

for suspension of sentence and grant of bail to the applicant.

Learned counsel for the applicant submits that the applicant was convicted in Criminal Case No.320/2008 (State of M.P. Through Food Inspector Vs. Jaid Khan) for commission of offence under Rule 50 read with Section 16(1)(a)(ii) of Prevention of Food Adulteration Act by Smt. Usha Tiwari, J.M.F.C. Raisen by judgment dated 3.2.2016 and against the impugned judgment, he had preferred an appeal before the Sessions Judge, Raisen, but appeal has been dismissed by learned First Additional Sessions Judge by the Appellate Judgment dated 23.10.2021. Applicant is in jail since 10.3.2022.

Learned counsel further submitted that the applicant has fair chances of succeeding in criminal revision. Therefore, it has been prayed that till the disposal Signature Not Verified SAN of the revision, he be released on bail.

Digitally signed by DEEPA MISHRA Date: 2022.03.14 17:55:20 IST After perusal of the impugned judgment of Courts below and the fact that

hearing of this matter will take considerable time and applicant is already in jail, I deem it proper to suspend the remaining jail sentence of applicant till further orders.

Accordingly, without expressing any view on the merits of the case, I.A.

No.3029/2022 is allowed. It is directed that the remaining jail sentence of applicant-Jaid Khan shall remain suspended and he shall be released on bail on his furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with a solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry on 24.8.2022 and on such other dates as may be fixed by Registry in this regard or until otherwise directed by this Court till final decision of this revision.

Certified copy today.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified SAN

Digitally signed by DEEPA MISHRA Date: 2022.03.14 17:55:20 IST