Madhya Pradesh High Court
Manohar vs The State Of Madhya Pradesh on 6 April, 2021
Author: Rohit Arya
15
The High Court of Madhya Pradesh : Bench at Indore
CRR. No.1033/2021
(Manohar Vs. State of M.P.)
Indore: 06.04.2021
Shri Vivek Singh, learned counsel for the petitioner.
Shri Porush Ranka, learned Panel Lawyer for the
respondent/State.
Let the record of Courts below be requisitioned.
Heard on I.A. No.7224/2021, an application under Section
397 of Cr.P.C. for suspension of sentence and grant of bail.
The petitioner has been convicted under sections 16(1)
(A)(i) r/w (ii) of the Prevention of Food Adulteration Act, 1954(in
short ... "PF Act") and sentenced to undergo 6 months R.I; for
storage under the PF Act, he has been sentenced to 2 years
R.I with fine of Rs.1,000/- and, For misbranding under the PF
Act, he has been further sentenced to 2 years R.I with fine of
Rs.1,000/- with default stipulation vide judgment dated
26/09/2015, passed in Criminal Case No.22/2010. The
appellate Court maintained the conviction vide judgment dated
23/03/2021 passed in Cr.A. No.500426/2015.
Learned counsel for the petitioner submits that the
petitioner is innocent and he has not committed the crime as
alleged. Petitioner is in jail since 23/03/2021. It is submitted that
the Courts below have not properly appreciated the evidence,
and committed error. During Covid-19 pandemic, final hearing
of criminal revisions on merits are not taking place. Therefore,
prays for suspension of sentence and enlargement of petitioner
on bail, on such terms and conditions this Court deems fit and
proper.
Learned Panel Lawyer opposes the bail application.
At this stage, on instructions learned counsel for the
petitioner submits that petitioner has done introspection and
The High Court of Madhya Pradesh : Bench at Indore
CRR. No.1033/2021
(Manohar Vs. State of M.P.)
volunteers to deposit an amount of Rs.50,000/- (Rupees Fifty
Thousand only) in the account of Collector, District -Dhar to
be utilized for providing clothing, food and other essential
amenities required for the old age people living in old age
homes, vidhwas living in vidhwa aashrams and orphans living
in orphanages including physically challenged persons etc., in
the district under the surveillance of Collector Distt. Dhar. The
aforesaid deposit of amount shall not influence the pending trial
but is only, for enlargement of the petitioner on bail.
This Court appreciates the gesture shown by learned
counsel for the petitioner.
Taking into consideration facts and circumstances of the
case and the fact that hearing of this criminal revision will take
time, the application is allowed. It is directed that the jail
sentence of the petitioner shall remain suspended and he be
released on bail on his furnishing personal bond in the sum of
Rs.2,00,000/- (Rs.Two lacs only) with one solvent surety in the
like amount to the satisfaction of the trial Court subject to
deposit of the fine amount. The petitioner is directed to appear
before the Registry of this Court on 16/06/2021 and on other
dates as may be fixed in this behalf with following further
conditions:-
(i) the petitioner shall prepare a demand draft of Rs.50,000/-
(Rupees Fifty Thousand only) in the account of Collector-
Dhar for the purpose of providing basic amenities, clothing,
food/food items and other essential amenities required for old
age people living in old age homes, vidhwas living in vidhwa
ashrams or orphans living in orphanage in the city of Dhar in
dire need of such amenities/facilities and the amount so
The High Court of Madhya Pradesh : Bench at Indore
CRR. No.1033/2021
(Manohar Vs. State of M.P.)
deposited shall have no bearing or relevance on the pending
trial to the prejudice of the petitioner.
(ii) (a) the petitioner shall submit the original demand draft
alongwith copy of the order passed today through his
counsel before the Principal Registrar of this Bench, for
keeping the same in his safe custody.
(ii) (b) as and when directed, the Principal Registrar shall
seek instructions/directions through PUD from this Court
for handing over the demand draft to the concerned
authority in that behalf.
(ii)(c) the Registry is directed to accept the original
demand draft without mentioning the account number
therein. However, ensure that the same is in relation to the
present case.
(iii) the said authority is at its discretion to utilize the
amount so deposited as and where it is required upon
verification. The Collector, Dhar is also directed to
maintain a separate account (for production of the record
as and when directed for).
(iv) the petitioner shall abide by the terms and conditions of
various circulars and orders issued by the Government of India
and the State Government as well as the local administration
from to time in the matter of maintaining social distancing,
physical distancing, hygiene, etc., to avoid proliferation of Novel
Corona virus (COVID-19);
(v) the concerned jail authorities are directed that before
releasing the petitioner, the medical examination of the
petitioner be conducted through the jail doctor and if it is prima
facie found that he is having any symptoms of COVID-19, then
The High Court of Madhya Pradesh : Bench at Indore
CRR. No.1033/2021
(Manohar Vs. State of M.P.)
the consequential follow up action or any further test required
be undertaken immediately. If not, the petitioner shall be
released on bail in terms of the conditions imposed in this
order;
(vi) in future, if the petitioner is found to be involved in such
nature of cases or any other similar criminal cases or misuse
the bail granted by this Court, this bail order shall stand
cancelled automatically.
In the event of violation of any of the terms and conditions
of the order by the petitioner, the prosecution is at liberty to
seek cancellation of the bail granted to the petitioner.
Learned Panel Lawyer is directed to send an e-copy of
this order to the Court concerned for necessary compliance.
Registry is directed to send an e-copy of this order to the
the Court concerned for necessary compliance.
Accordingly, the IA stands disposed of.
(Rohit Arya)
Judge
pn
PREETHA NAIR
2021.04.07 14:48:34
+05'30'
