Manoj Tamraka vs The State Of Madhya Pradesh
2021 Latest Caselaw 8555 MP

                                                                       1                              CRR-3044-2021
                                            The High Court Of Madhya Pradesh
                                                     CRR No. 3044 of 2021
                                                     (MANOJ TAMRAKA Vs THE STATE OF MADHYA PRADESH)


                                    Jabalpur, Dated : 09-12-2021
                                          Shri Satyam Agrawal, counsel for the applicant.

                                          Heard on the question of admission.
                                          Admit.
                                          Shri Shri Abhishek Singh, Panel Lawyer, accepts notice on behalf of
                                    respondent/State.

Also heard on I.A. No.20574/2021, an application for suspension of sentence and grant of bail filed on behalf of the applicant.

The applicant has been convicted under sections 7(ii) read with section 16(1)(a)(i), 14, 14-A read with section 16(1c) of the Food Adulteration Act and sentenced to undergo RI for 6 months in each count with fine of Rs.1000/- and Rs.500/- respectively, with default stipulations, by the judgment dated 19.10.2016 passed in Criminal Case No.332/2010 by the Judicial Magistrate First Class, Sehore and affirmed vide judgment dated 16.11.2021 passed in Criminal Appeal No.23/2016 by the Second Additional

Sessions Judge, Ashta.

Learned counsel for the applicant submits that during the trial and appeal also the applicant was on bail and he never misused the liberty granted by the Court. Learned Courts below have erred in appreciating the evidence on record. In view of outbreak of Covid-19, detention of the applicant in already congested prison may be detrimental. The applicant is permanent resident of District Sehore. There are fair chances of success of this revision. The revision may take long time for its conclusion and the applicant cannot be kept in custody for an unlimited period. Looking to the sentence of the applicant, if execution of jail sentence of the applicant is not suspended, then this revision will turn infructuous because it cannot be decided within one year in future. Under these circumstances, it is prayed that the execution of sentence be suspended and the applicant may be released on bail.

Signature Not Verified
  SAN




Digitally signed by TRUPTI GUNJAL
Date: 2021.12.10 13:25:46 IST
                                                                            2                       CRR-3044-2021

On the other hand, learned Panel Lawyer opposed the prayer. Keeping in view the facts and circumstances of the case, I.A. is allowed.

It is, therefore, directed that if applicant namely Manoj Tamrakar deposits the entire fine amount, if not already deposited, and furnishes a

personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) with one solvent surety in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 8th March, 2022 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail. The applicant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus and shall install Arogya Setu App. in his mobile phone.

Certified copy as per rules.

(S. A. DHARMADHIKARI) JUDGE

TG /-

Signature Not Verified SAN

Digitally signed by TRUPTI GUNJAL Date: 2021.12.10 13:25:46 IST