Madhya Pradesh High Court
Rajendra Singh Rajput (Parihar) vs The State Of Madhya Pradesh on 1 March, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 1 st OF MARCH, 2023
MISC. CRIMINAL CASE No. 8171 of 2023
BETWEEN:-
RAJENDRA SINGH RAJPUT (PARIHAR) S/O LATE
VISHWANATH SINGH PARIHAR, AGED ABOUT 45
YE A R S , OCCUPATION: AGRICULARTURE VILLAGE
BARKHEDA SIKANDAR POLICE STATION REHLI
DISTRICT SAGAR (MADHYA PRADESH)
.....APPLICANT
(BY SHRI DINESH KUMAR UPADHYAY - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION REHLI, DISTRICT SAGAR
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)
This application coming on admission for this day, the court passed the
following:
ORDER
This first bail application is filed on behalf of applicant Rajendra Singh Rajput (Parihar) S/o Late Shri Vishwanath Singh Parihar under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 219/2021 registered at Police Station Rehli, District Sagar for the offences punishable under Sections 409, 201 of I.P.C. and 3/7 of Essential Commodities Act, 1955.
I t is submitted that petitioner was working as a 'Salesman' at village Signature Not Verified SAN Baleh, Tehsil Rehli, District Sagar. When inspection of the fair price shop was carried out in absence of the petitioner and on physical verification, foodgrains Digitally signed by VAIBHAV YEOLEKAR Date: 2023.03.01 18:58:55 IST 2 having value worth Rs. 3,03,480/- were found to be less, as a result, shop was attached. A case was registered at Police Station, Rehli registering case crime no. 219/2021 under Section 3/7 of Essential Commodities Act, 1955 to which later on Section 409 and 201 of I.P.C. was added.
It is submitted that maximum punishment is three years. The applicant is not going to run away. The investigation is complete and the charge-sheet is already filed. The trial is going to take sufficient time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.
Learned Govt. Advocate, in his turn, opposes the bail application and submits that with addition of Section 409, the maximum sentence is ten years and, therefore, no indulgence be shown in the matter.
After hearing learned counsel for the parties and going through the record, it is evident that investigation is complete and charge-sheet is filed, the fact which is not disputed by Shri Manas Mani Verma. The trial is going to take sufficient time for its conclusion. The applicant is a local resident of village Baleh, District Sagar. There is no criminal antecedents of the present applicant.
Taking these facts into consideration, without commenting on the merits of the case, this bail application is allowed.
I t is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties in the like amount to the satisfaction of the Trial Court for his appearance before the said Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. This order shall be Signature Not Verified SAN effective till the end of the trial, however, in case of bail jump and breach of any Digitally signed by VAIBHAV YEOLEKAR Date: 2023.03.01 18:58:55 IST of the pre-condition of bail, it shall become ineffective.
3It is further directed that the applicant will not leave the local area without the consent of the concerned court where charge-sheet is filed.
Certified copy as per rules.
(VIVEK AGARWAL) JUDGE vy Signature Not Verified SAN Digitally signed by VAIBHAV YEOLEKAR Date: 2023.03.01 18:58:55 IST