Madhya Pradesh High Court
Dhanraj vs The State Of Madhya Pradesh on 30 January, 2023
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 30 th OF JANUARY, 2023
MISC. CRIMINAL CASE No. 3433 of 2023
BETWEEN:-
DHANRAJ S/O RAMCHANDRA MAHESHWARI, AGED
ABOUT 65 YEARS, R/O BHERAV NAGAR KUKSHI DISTT.
DHAR (MADHYA PRADESH)
.....APPLICANT
(BY SHRI V.K. JAIN, SENIOR ADVOCATE WITH SHRI DEVENDRA
CHOUHAN, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION AAMBUA DISTT.
ALIRJAPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI HITENDRA TRIPATHI, PANEL LAWYER )
This application coming on for admission this day, the court passed the
following:
ORDER
They are heard. Perused the case-diary.
This is the first bail application filed by applicant under Section 438 of Criminal Procedure Code, 1973 for anticipatory bail as applicant is apprehending his/her arrest in connection with Crime No.05/2023 registered at Police Station - Ambua, District -Alirajpur (MP) for offence punishable under Sections 406, 409, 420 of the IPC and under Sections 3/7 of the Essential Commodities Act.
The allegation against the applicant is that he had informed the driver of Signature Not Verified Signed by: MONI RAJU Signing time: 1/30/2023 5:49:34 PM 2 the vehicle bearing Truck No. MH 18 BG 5688 to contact one Sunil, at whose instance the material has been loaded in the truck.
Counsel for the applicant has submitted that the applicant is 65 years old man and is also suffering from paralysis and there are no other criminal case registered against him and he has been arraigned as an accused only on the basis of the memo under Section 27 of the Evidence Act in that also no overt act has been attributed to the applicant. Thus, the custodial interrogation of the applicant is not necessary.
Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that the truck from which the material has been seized belongs to the son of the applicant.
Having heard counsel for the parties and on perusal of the case diary, as also taking note of the allegation against the applicant who is arraigned as an accused in the case on the basis of the statement of the driver of the truck and apart from that, there is no other material available on record to implicate the applicant with the offence, in such circumstance, this Court finds it expedient to allow the present anticipatory bail application, as the custodial interrogation of the applicant does not appear necessary.
Accordingly, the application stands allowed. It is directed that in the event of arrest, applicant shall be released on bail, upon executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and furnishing solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).
The applicant shall make himself / herself available for interrogation by a Police Officer, as and when required. He / she shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Signature Not Verified Signed by: MONI RAJU Signing time: 1/30/2023 5:49:34 PM 3 Criminal Procedure, 1973.
Accordingly, Miscellaneous Criminal Case No.4485/2023 stands allowed. Certified copy, as per rules.
(SUBODH ABHYANKAR) JUDGE moni Signature Not Verified Signed by: MONI RAJU Signing time: 1/30/2023 5:49:34 PM