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2012 DIGILAW 1533 (PNJ)

Hari Mohan v. State of Punjab

2012-10-19

JITENDRA CHAUHAN

body2012
JUDGMENT Mr. Jitendra Chauhan, J.: - The application filed by the petitioner for grant of interim bail was dismissed by this Court on 30.7.2012 . Learned counsel did not challenge the conviction of the petitioner and notice reg: quantum of sentence was issued vide order dated 31.8.2012. 2. Learned counsel for the petitioner submits that petitioner is a petty shop keeper and is the only bread earner of the family. He is not involved in any other offence. He further submits that at present petitioner is lodged in Central Jail, Patiala. 3. On the other hand, learned State counsel submits that petitioner was found selling 17 litres of adulterated cotton seed oil, therefore, he is not entitled to concession of bail. 4. As per the Custody certificate, petitioner Hari Mohan has undergone 3 months 3 days as on 16.10.2012, out of substantive sentence of 6 months under section 16 of the Prevention of Food Adulteration Act. 5. After hearing the counsel for the parties and having regard to the fact that no other FIR is pending against the petitioner; he has already undergone substantive part of sentence i.e.3 months 6 days out of 6 months, and is the only bread earner of the family, this Court is of the opinion that petitioner deserves to be released from custody. 6. The petitioner-Hari Mohan shall be released from custody forthwith on furnishing adequate surety bonds to the satisfaction of Chief Judicial Magistrate, Patiala. He shall give an undertaking that he will not repeat the offence. However, sentence of fine is enhanced to Rs. 50,000/- over and above the sentence of fine imposed by the trial court. The enhanced fine shall be deposited within three months from today. It is made clear that in case the amount of enhanced fine of Rs. 50,000/- is not deposited within the stipulated period, the present petition shall be deemed to be dismissed.