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Madhya Pradesh High Court

Kamlesh Mewada vs The State Of Madhya Pradesh on 16 August, 2022

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                                                       1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                    BEFORE
                                                      HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                                             ON THE 16th OF AUGUST, 2022

                                                   MISC. CRIMINAL CASE No. 38840 of 2022

                                            Between:-
                                            KAMLESH MEWADA S/O SHRI BABULAL
                                            MEWADA,    AGED     ABOUT    26  YEARS,
                                            OCCUPATION:   LABOUR      R/O   VILLAGE
                                            CHHAPRITALUK,   P.S.  ICCAWAR,   TEHSIL
                                            ICCHAWAR, DISTRICT SEHORE (MADHYA
                                            PRADESH)

                                                                                                      .....APPLICANT
                                            (BY SHRI SATYAM AGRAWAL, ADVOCATE)

                                            AND

                                            THE STATE OF MADHYA PRADESH THROUGH
                                            THE POLICE STATION ICCHAWAR DISTRICT
                                            SEHORE (MADHYA PRADESH)

                                                                                                   .....RESPONDENT
                                            (BY SHRI AKSHAY NAMDEO, GOVT. ADVOCATE )

                                          This application coming on for hearing this day, the court passed the
                                    following:
                                                                        ORDER

This is the first application filed under Section 438 of the Code of Criminal Procedure on behalf of the applicant for grant of anticipatory bail.

The applicant is apprehending his arrest in Crime No.39/2022 registered at Police Station Icchawar, District Sehore, for the offence punishable under Section 3/7 of Essential Commodities Act and later on Sections 409, 34 of IPC were also enhanced.

Learned counsel for the applicant submits that the present applicant is a Digitally signed by SATYA SAI RAO Date: 2022.08.17 11:01:22 IST salesman in a Fair Price Shop allotted to the Society which is basically under 2 the control of the Manager and the applicant being a Salesman, is not directly involved in the alleged crime. He further submits that even otherwise in number of cases, it is observed that offence registered under Section 3/7 of Essential Commodities Act is bailable. He submits that one of the co-accused has also been granted the benefit of anticipatory bail by this Court and, therefore, he prays that the present applicant is also entitled to get the same benefit on the ground of parity.

On the other hand, Shri Akshay Namdeo, learned counsel for the State has opposed the application and submitted that some of the accused persons have been granted bail under Section 439 of Cr.P.C. He has further submitted that all the cases registered under Section 3/7 of Essential Commodities Act cannot be considered to be a bailable offence but there are judgments which consider that the offence registered under Section 3/7 of Essential Commodities Act is non bailable. He submits that considering the facts and circumstances of the case, the bail application deserves to be dismissed.

Considering the aforesaid, without commencing anything on the merits of the case, since the other co-accused has been granted the benefit of anticipatory bail by this Court, therefore, in order to maintain parity, I am inclined to enlarge the applicant on anticipatory bail. Accordingly, this application is allowed.

It is directed that in the event of arrest, the applicant be released on bail upon his furnishing a bail bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of Station House Officer/Arresting Officer of the Police Station concerned.

This order shall remain operative subject to compliance of following SAN conditions by the applicant:-

1 . The applicant will comply with all the terms and conditions of the 3 bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial; and

6. The applicant will not leave India without prior permission of the trial Court/Investigating Officer, as the case may be.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE rao Signature Not Verified SAN Digitally signed by SATYA SAI RAO Date: 2022.08.17 11:01:22 IST