Alok Agarwal S/O Sitaram Agarwal ... vs State Of Rajasthan
2021 Latest Caselaw 7055 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

  S.B. Criminal Misc. Bail Application for Suspension of Sentence

                                   No.323/2021

                                           In

             S.B. Criminal Revision Petition No. 1216/2021

Alok Agarwal S/o Sitaram Agarwal (Owner & Seller), M/s Govind
Traders, 815, Jat Ke Kua Ka Rasta, Chandpole Bazar, Jaipur, At
Present Godown 114, Opposite Jalupura Purani Maszid, Jalupura,
Jaipur (Present At Central Jail, Jaipur)
                                                            ----Petitioner/Accused
                                       Versus
State Of Rajasthan, Through Public Prosecutor
                                                                    ----Respondent

For Petitioner(s) : Mr. Pankaj Gupta with Mr. Sudhir Jain For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

30/11/2021

Heard on application for suspension of sentence.

The petitioner has filed the revision petition along with

application for suspension of sentence.

This revision petition has been preferred against the

judgment dated 09.11.2021 passed by the court of Additional

Sessions Judge (Women Atrocity Cases) Jaipur Metropolitan-I (the

appellate court) in Criminal Appeal No.173/2021, affirming the

order dated 19.08.2021 passed by Additional Senior Civil Judge &

Additional Chief Metropolitan Magistrate No.10, Jaipur

Metropolitan-I (the trial court) in Criminal Case No.1445/2013, by

(2 of 3)

which the petitioner has been convicted for offence/s under

Section 7(i)/16 of the Prevention of Food Adulteration Act, 1954

and sentenced to maximum term of one year imprisonment.

It has been submitted on behalf of the petitioner that the

petitioner has been sentenced to a maximum term of one year for

offence under Section 7(i)/16 of the Prevention of Food

Adulteration Act. He has been falsely implicated in the case.

Learned courts below have erred in convicting and sentencing the

petitioner. As per certificate under Sub-Rule (3) of Rule 311 of

Rules of High Court of Judicature for Rajasthan, 1952, the

petitioner was on bail during trial as well as during the pendency

of appeal and now, he is in custody since last three months.

Hearing of revision petition may take long time.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

Taking into consideration the submissions of learned counsel

for the parties, overall facts and circumstances of the case but

without commenting upon detailed merits of the case, this Court

deems it just and proper to allow the application for suspension of

sentence.

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the sentence awarded to

accused/petitioner Alok Agarwal S/o Sitaram Agarwal shall

remain suspended till disposal of this revision petition and he be

released on bail, provided the petitioner furnishes a personal bond

of Rs.50,000/- and two sureties of Rs.25,000/- each to the

(3 of 3)

satisfaction of the learned trial Court for his appearance in this

Court on 03rd January, 2022 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Aks/Hemant/-37

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