Madhya Pradesh High Court
Chandrabhan Singh vs The State Of Madhya Pradesh on 24 February, 2020
Author: Sunil Kumar Awasthi
Bench: Sunil Kumar Awasthi
M.Cr.C. No.8049/2020 1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.8049/2020
(Chandrabhan Singh vs. State of Madhya Pradesh)
Indore, Dated: 24/02/2020
Shri H.S. Rathore, learned counsel for the applicant.
Shri Gaurav Kumar Verma, learned Public Prosecutor
for the respondent/State.
Heard, Case-diary perused.
This first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail has been filed by applicant-Chandrabhan Singh, who is apprehending his arrest in connection with Crime No.41/2020, registered at Police Station-Badnawar, District-Dhar, concerning offence under Section 3/7 of the Essential Commodities Act, 1955.
Learned counsel for the applicant has submitted that the offence registered against the applicant is bailable in nature. However, learned Additional Sessions Judge has not considered the aforesaid legal aspect and rejected the application filed by the applicant for grant of anticipatory bail. Under these circumstances, leaned counsel for the applicant prays for grant of anticipatory bail to the applicant. In support of his contention, learned counsel for the applicant placed reliance on the orders passed by this Court in M.Cr.C. No. 3530/2000, vide order dated 26/07/2000 and M.Cr.C. No. 24703/2018, vide order dated 16/07/2018.
On the other hand, learned Public Prosecutor opposed the application and prayed for its rejection.
Considering the arguments advanced by the learned counsel for the parties and taking into consideration the M.Cr.C. No.8049/2020 2 aforesaid orders, this Court is of the view that the offence registered against the applicant under Section 3/7 of the Essential Commodities Act is bailable in nature, therefore, the present application filed under Section 438 of the Cr.P.C. is not maintainable. Accordingly, the present application is hereby dismissed as not maintainable.
(S. K. Awasthi) Judge skt Santosh Kumar Tiwari 2020.02.25 17:36:24 +05'30'