Sudarshan Jain vs The State Of Madhya Pradesh
2023 Latest Caselaw 16780 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRR No. 4315 of 2023
                                            (SUDARSHAN JAIN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 10-10-2023
                                Shri Sanjay Bahirani, learned counsel for the petitioner.

                                Sushri Abha Mishra, Public Prosecutor for the respondent/State.

Heard on I.A. No.19002/2023, an application for taking order sheet on record.

For the reason mentioned in the application, I.A. No.19002/2023 is allowed and the same is taken on record.

Heard on I.A.No. 19001 of 2023, an application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioner.

T his revision is preferred by the petitioner accused challenging the judgment dated 11/09/2023 passed by 8th Additional Sessions Judge, Gwalior, in Criminal Appeal No.17/2021, whereby the appellate Court has confirmed the appeal filed by the present petitioner challenging the judgment of conviction and sentence dated 28/01/2021 passed by Judicial Magistrate First Class, Gwalior in Criminal Case No.5464/2011. The appellate Court has affirmed the sentence of the present petitioner to six months R.I. under Section 7(i),16(i)(a) of the

Prevention of Food Adulteration Act, 1954of IPC with fine amount of Rs.1,000/- with default stipulation.

Learned counsel for the petitioner argued that the Courts below have wrongly appreciated the evidence and convicted the petitioner. It is further argued that there are material omissions and contradictions in the statement of prosecution witnesses. He was on bail during trial and never misused the liberty granted to him. He is suffering from Neurological problem. Hence, it has been Signature Not Verified Signed by: MOHD AHMAD Signing time: 11-Oct-23 10:09:07 AM

prayed that the petitioner may 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, I.A.No. 19001 of 2023 an application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail is allowed.

It is directed that the petitioner be released on bail on his 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 on 28.11.2023 and on all other dates which may be given by the Office for his appearance.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

Ahmad

Signature Not Verified Signed by: MOHD AHMAD Signing time: 11-Oct-23 10:09:07 AM