Title: Lalchand vs. State of Rajasthan
Date of Decision: September 18, 2023
Case ID: S.B. Criminal Misc Suspension of Sentence Application No. 339/2023
Presiding Judge: Hon’ble Mr. Justice Farjand Ali
Intro:
This case involves an application for the suspension of sentence filed by Lalchand, the petitioner. He had been convicted and sentenced to a maximum of six months of imprisonment under Section 7/16 of the Prevention of Food Adulteration Act by the learned Additional Chief Judicial Magistrate, No.2, Bhilwara, in a judgment dated May 22, 2018. The petitioner sought the suspension of his sentence while his revision petition against the conviction was pending.
Facts:
Lalchand, the applicant, had been convicted and sentenced to six months of imprisonment under Section 7/16 of the Prevention of Food Adulteration Act by the learned Additional Chief Judicial Magistrate, No.2, Bhilwara, in a judgment dated May 22, 2018. Dissatisfied with the trial court’s judgment, he filed a revision petition. During the trial, Lalchand had been on bail and did not misuse the liberty granted to him.
In this application for the suspension of his sentence, the petitioner argued that the trial court had not properly appreciated the legal and factual aspects of the case, leading to an erroneous conviction. Given the likely lengthy process of hearing the revision, he requested the suspension of his sentence.
Judgment:
The High Court, after considering the arguments of both parties, decided to suspend the sentence awarded to the petitioner, Lalchand. The Court noted that Lalchand had been on bail during the trial and that the hearing of the revision was likely to take more time. While refraining from making any comments on the merits of the case or the prosecution’s defects, the Court found it appropriate to suspend the sentence.
As a result, the Court ordered that Lalchand’s sentence would remain suspended until the final disposal of the revision petition. He was granted bail on the condition that he executed a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each. Lalchand was also required to appear before the trial court in the month of January every year until the revision was decided and to promptly notify any changes in his address or the addresses of the sureties.
The suspension of sentence application was allowed, and Lalchand was granted bail for the duration of the revision petition.
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Written by Yagya Agarwal
