Anil Rathore vs The State Of Madhya Pradesh
2023 Latest Caselaw 20930 MP

Madhya Pradesh High Court

Anil Rathore vs The State Of Madhya Pradesh on 11 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 5646 of 2023 (ANIL RATHORE Vs THE STATE OF MADHYA PRADESH)

Dated : 11-12-2023 Shri Shobhitaditya - Advocate for the applicant.

Ms. Shanti Tiwari - Panel Lawyer for the State.

Heard on admission.

Revision seems to be arguable, hence, admitted for hearing. Let the record of the Courts below be requisitioned.

Also heard on IA No.28486/2023, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of applicant-Anil Rathore.

Applicant has been convicted under Section 7(iii) and 16(1)(a)(ii) of Prevention of Food Adulteration Act, 1954 and sentenced to undergo RI for 06 months with fine Rs.10000/- with default stipulation vide impugned judgment dated 29.11.2023 passed in Criminal Appeal No.741/2018 by 20th ASJ, Bhopal.

It is submitted by the counsel for the applicant that the applicant was on bail during trial and he did not misuse the liberty granted. It is also submitted

that applicant has a good case on merits and hope to succeed in the revision. It is further submitted that revision is of the year 2023 and there is no likelihood of revision being taken up for final hearing. Under such circumstances, sentence of the applicant may be suspended.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case and the fact that revision is of the year 2023 and there is no likelihood of early hearing of the revision in near future, however, without touching merits of the matter, applicant

is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.28486/2023 stands allowed and it is directed that the jail sentence of applicant shall remained suspended and he be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Applicant is directed to appear before the trial Court first on 24.01.2024 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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