Madhya Pradesh High Court
Ramesh Kumar Rawat vs The State Of Madhya Pradesh on 9 January, 2019
1
THE HIGH COURT OF MADHYA PRADESH
CRR.91.2019
(Ramesh Kumar Rawat Vs. State of M.P.)
GWALIOR; dated 09.01.2019.
Shri Tapendra Sharma, learned counsel, for the petitioner.
Shri Shiraz Quraishi, learned Public Prosecutor for the
respondent/State.
Heard on I.A.No.98 of 2019, which is the first application under Section 397/401 of the Cr.P.C moved on behalf of the petitioner.
The petitioner has filed this Cr.Revision under Section 397 read with section 401 of Cr.P.C against the judgment dated 26.12.2018 passed by the Court of Second Additional Sessions Judge, Shivpuri in Cr.Appeal No.400101 of 2015 confirming the judgment dated 28.2.2015 passed by the Court of Chief Judicial Magistrate, Shivpuri in Cr.Case No. 1742 of 1999 convicting the petitioner under Section 16(1) (A) (I) of the Prevention of Food Adulteration Act and sentenced thereunder to suffer RI for six months with fine of Rs.1000/- with default stipulation.
Learned counsel for the petitioner submits that the petitioner remained on bail during trial of the case and pendency of the appeal. However, he has been undergoing the jail sentence since 26.12.2017, the date of impugned judgment and that he had deposited the fine amount. He submits that this revision is of the year 2019 and that there is no likelihood of this revision being listed for final hearing in recent future. He submits that looking to the short term of remaining jail sentence, this revision becomes infructuous in case the petitioner would have suffered the same before this revision being decided on merits. He submits that the petitioner has good case on merits. Upon these submissions, he prays to allow the I.A. Learned Public Prosecutor has opposed the prayer. Taking into consideration the facts and circumstances of the case in totality, the submissions raised on behalf of the parties by their counsel and short term of remaining jail sentence, but without commenting on merits of the case, I am of the view that a case is made out for suspension of custodial jail sentence of 2 THE HIGH COURT OF MADHYA PRADESH CRR.91.2019 (Ramesh Kumar Rawat Vs. State of M.P.) applicant and grant of bail to him during the pendency of this revision. Hence, the I.A. is allowed.
The execution of remaining jail sentence of petitioner Ramesh Kumar is hereby suspended and he be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty thousand) with one solvent surety of the same amount to the satisfaction of trial court, subject to depositing the fine amount, if any, at the time of furnishing bail bonds for his appearance before Registry of this Court on 24.04.2019 and thereafter on all such other dates as may be fixed by it in this regard until further orders of this Court.
The record of the courts below be called for and list thereafter for final hearing in due course.
Certified copy as per rules.
(Anand Pathak) Judge Rks.
R. K. SHARMA 2019.01.09 17:25:57 +05'30'