Mukesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 17655 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRR No. 4909 of 2023
                                                 (MUKESH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-10-2023
                                 Shri Ankur Maheshwari- Advocate for the petitioner.

                                 Shri Prabhat Pateriya- Govt. Advocate for respondent/State.

Heard on the question of admission.

This revision petition is admitted for final hearing. Let the record of the Court below be requisitioned.

Also heard on I.A.No.19486/2023, which is a first application filed under section 397(1) of the Cr.P.C seeking suspension of sentence on behalf of petitioner- Mukesh.

This revision is directed against the judgment dated 07.10.2023 passed by III Additional Sessions Judge, Joura, District Morena (M.P.) in Criminal Appeal No.114/2017 whereby conviction of petitioner for the offence punishable u/S. 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, as recorded by the Judicial Magistrate First Class, District Morena vide judgment dated 02.05.2017 passed in RCT No.956/2010 and the consequent sentence of

R.I. for six months with fine of Rs.1,000 with default stipulation, was affirmed.

I t is submitted by learned counsel for the petitioner that there is no possibility of the revision coming up for final hearing in near future, hence, the petitioner may be benefited by suspension of sentence.

Learned Government Advocate for the State opposed the application and prayed for its rejection.

In view of the above and considering the period of short sentence awarded to petitioner, awaiting admission, it is directed that the execution of Signature Not Verified Signed by: SHIVANI SINGH RAJPUT Signing time: 20-10-2023 05:00:40 PM

remaining jail sentence awarded to petitioner - Mukesh shall remain suspended during pendency of this revision and he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court for his appearance before the trial Court on 20.11.2023 and on such further dates as may be fixed by the said Court in this regard till disposal of this revision.

In case, petitioner is found absent on any date fixed by the concerned Trial Court then the said Trial Court shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this

Court, provided the Registry of this Court be kept informed.

I.A.No.19486/2023 stands allowed.

List the case after receipt of the record of courts below. Certified copy today.

(AMAR NATH (KESHARWANI)) JUDGE

shivani

Signature Not Verified Signed by: SHIVANI SINGH RAJPUT Signing time: 20-10-2023 05:00:40 PM