Satish Jaiswal vs The State Of Madhya Pradesh
2023 Latest Caselaw 12418 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 3293 of 2023 (SATISH JAISWAL Vs THE STATE OF MADHYA PRADESH)

Dated : 03-08-2023 Shri A. K. Mishra - Advocate for the applicant.

Shri R. G. Verma - Panel Lawyer for State.

Heard on admission.

This revision being arguable is admitted for final hearing. Also Heard on I.A. No.17958/2023, which is first application filed

under section 397(1) of Cr.P.C. on behalf of the applicant for suspension of sentence and grant of bail.

The applicant has been convicted by the appellate Court for an offence punishable under Section 16(i)(a)(i) of the Prevention of Food Adulteration Act and sentenced to undergo R.I. for six months with fine of Rs.1,000/-, with default stipulation.

Learned counsel for the applicant has submitted that the trial Court has n o t properly appreciated the oral and documentary evidence available on record. The maximum jail sentence awarded to the applicant is six months. The

applicant is in custody and disposal of this revision will take considerable time, therefore, the jail sentence of the applicant may be suspended and he may be released on bail.

Learned counsel for the State has opposed the application. Heard learned counsel for the parties, perused the records and the judgments of the courts below.

The applicant has prayed for suspension of sentence mainly on the ground that the provision of section 13(2) of the Prevention of Food Signature Not Verified Signed by: PRASHANT SHRIVASTAVA Signing time: 8/4/2023 4:44:43 PM

Adulteration Act was violated but in this case the applicant was convicted by the courts below for mis-branding of food items and not for selling or keeping in possession the adulterated food items. For this reason, the citations in the cases of R. Jagdish Tea Company (M/s.) v. State of M.P. and another 2015 (1) MPWN 84 and Kiran Kumar v. State of M.P. 2006 (3) M.P.L.J. 171 cannot be applied here.

The application for suspension of sentence is accordingly dismissed. List the case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE ps

Signature Not Verified Signed by: PRASHANT SHRIVASTAVA Signing time: 8/4/2023 4:44:43 PM