Sabbar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7449 MP

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      CRR No. 1213 of 2023
                                             (SABBAR SINGH Vs THE STATE OF MADHYA PRADESH)

                                                           CRR/01214/2023
                         Dated : 08-05-2023
                               Shri Anil Lala - Advocate for the applicants.

                               Shri S.M.Patel- Panel Lawyer for the respondent/State.

Applicants have been convicted for commission of offence under Section 3/7 of Essential Commodities Act,1955 by JMFC, Seoni malva District Hoshangabad and sentenced to 1-1 year R.I with fine of Rs.5000/- with default

stipulation. The aforesaid judgment of conviction and order of sentence passed by learned JMFC was challenged before the Sessions Court by filing criminal appeal. The learned Addl. Sessions Judge by appellate judgment dated 22.02.2023 passed in Cr..A.No.21/2022 affirmed the judgment of conviction and order of sentence and dismissed the appeal. Hence, this criminal revision.

Heard on I.A.No.6422/2023 and I.A.No.6418/2023, applications under Section 397(1) of the Cr.P.C for suspension of jail sentence and grant of bail pending revision.

Learned counsel for the applicants has submitted that applicants have not

committed any offence. Both the courts have erroneously convicted the applicants for commission of aforesaid offence. Both the courts have not properly appreciated the evidence. They have not taken into consideration the evidence of witnesses and material on record as per the law laid down in various cases by the High Court and the Supreme Court. Applicants have already suffered more than two months of incarceration. They have fair chance to succeed in revision. Therefore, it has been prayed that applicants/accused be Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/9/2023 10:58:25 AM

released on bail.

On the other hand, learned Panel Lawyer for the respondent/State has opposed the grant of bail.

I have gone through the judgments passed by both the Courts below and evidence on record. Applicants have already suffered more than two months in the incarceration. As per listing policy, there is no possibility of hearing of this revision in the near future. Therefore, having taken into consideration all the facts and circumstances of the case, I am inclined to release the applicants on bail.

Therefore, I.A.No.6422/2023 and I.A.No.6418/2023 are allowed. The jail

sentence of the applicants Keshav Prasad Bhardwaj and Sabbar Singh as awarded is suspended till further order upon their furnishing a personal bond in the sum of Rs.50,000/- each with one solvent surety each in the like amount to the satisfaction of trial Court, for their appearance before the trial court on 27.07.2023 and on all such further dates as may be fixed by that court during the pendency of this revision.

List for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

MKL

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/9/2023 10:58:25 AM