Gulshan Gulati vs The State Of Madhya Pradesh
2022 Latest Caselaw 13419 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             CRR No. 3809 of 2022
                   (GULSHAN GULATI Vs THE STATE OF MADHYA PRADESH)

Dated : 12-10-2022
       Shri Sanjay Kumar Bahirani, learned counsel for the Petitioner.

       Shri R.S. Kushwaha, Dy. Advocate General for Respondent/State.

Heard on I.A. No. 15368 of 2022, an application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioner.

The revision has been preferred by the petitioner under Section 397/401 o f the Cr.P.C. against the impugned judgment dated 24.09.2022 in Cr.A.No.

60/2022 passed by XII - ASJ, Gwalior affirming the judgment of conviction and sentence dated 12.01.2022 passed in Criminal Case No. 9616/2010 by Judicial Magistrate First Class, District Gwalior convicting the petitioner for the offence punishable under Section 7(II), 16(I)(A) of Prevention of Food Adulteration Act and sentencing him to undergo rigorous imprisonment of one year and fine of Rs. 5,000 but by the order of the appellate authority sentence has been reduced to six months and fine amount has been enhanced to Rs. 10,000, with default stipulation.

Learned counsel for the petitioner argued at length and has drawn the

attention of this Court on the document Ex. P-19 and argued that there is no such opinion how the product was found mis-branded. It is further argued that in Panchnama (Ex. P-18) there is no mention of any mis-branding. The Prosecution witness (PW-1) Rajesh Kumar Rai in his cross-examination has specifically mentioned that the documents Ex. P-9 to Ex. P-11 were prepared in his office. The age of the petitioner is more than 60 years and he is facing trial for more than 10 years. It is further argued that the petitioner is under custody

since 24.09.2022. Therefore, it has been prayed that the jail sentence of the petitioner be suspended and he be released on bail.

On the other hand, learned Public Prosecutor opposed the application and prayed for rejection of the same.

In view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application (I.A. No.15368 of 2022) is allowed.

It is directed that the petitioner be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned trial Court.

The petitioner shall now appear before the Registry of this Court 05.12.2022 and on all other dates which may be given by the Office for his appearance.

List in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

Chetna

Digitally signed by ALOK KUMAR Date: 2022.10.13 10:47:34 +05'30' VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00'