Madhya Pradesh High Court
Balkishan vs The State Of Madhya Pradesh on 25 August, 2023
Author: Prem Narayan Singh
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL REVISION NO.3888 OF 2023
(Balkishan vs The State of Madhya Pradesh)
Indore, Dated 25.08.2023
Mr. Vinayak Balchandani, counsel for the applicant.
Mr. Gaurav Rawat, counsel for the non-applicant/State.
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Heard on the point of admission.
The revision is admitted for hearing.
Records of the Courts below be called for.
Also heard on IA No.13126 of 2023 which is an application
for ignoring the defects pointed out by the Office.
On due consideration, the application is allowed and the
defects pointed out by the Office is hereby ignored.
Accordingly, IA No.13126 of 2023 stands disposed of.
Heard on I.A.No.13125/2023 which is an application under
Section 397 of Code of Criminal Procedure, 1973, for suspension
of jail sentence and grant of bail to the applicant - Balkishan
Kotwani S/o Shri Mangaram Kotwani
The applicant has been convicted for commission of offence
under Section 59 of Food Safety and Standards Act, 2006 and has
been sentenced to undergo Rigorous Imprisonment for 03 months
and fine of Rs.15,000/- with further default stipulation by the
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 25-08-
2023 18:42:18
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL REVISION NO.3888 OF 2023
(Balkishan vs The State of Madhya Pradesh)
learned First Additional Sessions Judge, Shajapur (MP), vide
judgment dated 21.08.2023 passed in Criminal Appeal No.28 of
2022.
Counsel for the applicant submits that there is an illegality
in the orders passed by the trial Court as well as appellate Court.
He further submits that applicant is a patient of cardiac disorder
and the applicant is in jail since one month and the minimum
sentence awarded to him is of three months and fine of
Rs.15,000/- has already been deposited by him. Counsel has
further submitted that he has fair chances to succeed in this
revision. There is no possibility of coming of this revision for
early hearing in near future. Therefore, if the jail sentence is not
suspended, the purpose of filing of this revision would become
futile.
On the other hand, counsel for the non-applicant/State has
opposed the prayer for grant of bail to the applicant and submitted
that primafacie no case is made out for suspension of sentence to
the applicant.
Looking to the short sentence of applicant and the fact that
the revision would take considerably long time to conclude and
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 25-08-
2023 18:42:18
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL REVISION NO.3888 OF 2023
(Balkishan vs The State of Madhya Pradesh)
other facts and circumstance of the case, I deem it proper to
suspend the remaining jail sentence of applicant with a condition
that he will regularly attend the Court below and deposit the fine
amount, if not already deposited.
Consequently, I.A.No.13125/2023 is allowed. The
execution of jail sentence of applicant is hereby suspended subject
to depositing the fine amount, (if not already deposited). It is
directed that the applicant shall be released on bail on his
furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty
thousand) with one solvent surety of the like amount to the
satisfaction of the trial Court with a further direction to appear
before the trial Court on 23.11.2023 and also on such other dates,
as may be fixed by that Court in this regard during the pendency
of this revision. Accordingly, IA No.13125 of 2023 stands
disposed of.
List the revision for final hearing in due course.
Certified copy as per Rules.
(PREM NARAYAN SINGH)
JUDGE
Arun/-
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 25-08-
2023 18:42:18
