Madhya Pradesh High Court
Asutosh Kathal vs The State Of Madhya Pradesh on 30 January, 2018
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.3629 of 2018
(Ashutosh Kathal Vs. State of M.P.)
Jabalpur dated : 30/1/2018
Shri Anil Khare, learned senior counsel with Shri
G.P.Patel, learned counsel for the applicant.
Shri D. K. Paroha, learned Government Advocate for
the State.
This is second bail application under section 439 of
the Code of Criminal Procedure, 1973 for grant of bail on
behalf of applicant Ashutosh Khatal, for the offences
under Clause 9(1)(3) and 15 of the Madhya Pradesh
Kerosene Dealers (Licensing) Order, 1979 and violation of
Condition Nos.4, 5, 6(1) (2) (9) of the Licence and under
Section 3/7 of the Essential Commodities Act and Section
409 of IPC, later on added Section 201 of IPC, registered
at Police Station Stationganj, District Narsinghpur, vide
Crime no.443/2017.
The applicant is in judicial custody since 5.12.2017.
The first bail application having been dismissed vide order
dated 9.1.2018 passed in M.Cr.C.No.26892/2017 with
liberty given to the applicant to file afresh after filing of
charge sheet. The charge sheet has been filed on
19.1.2018and so the present application has been preferred.
The charge against the applicant is of having sold in black Market 48000 Liters of kerosene oil.
Learned counsel for the State while opposing the bail application has submitted that looking to the quantity of kerosene that has been sold in black market, the application ought to be dismissed. However, the offences 2 under the Essential Commodities Act are bailable in nature in view of Section 10A of the Essential Commodities Act, 1955.
The said offences under the Essential Commodities Act were non-bailable for a period of 15 years from the year 1981. Therefore, by efflux of time, the offences under the said Act are now bailable in nature.
However, learned counsel for the State submits that Section 409 of the IPC has also been inserted in the FIR for criminal breach of trust as the applicant is alleged to have acted in contravention of the trust and instead of delivering kerosene to those persons who are entitled to the same, applicant has sold the same in the black market.
Be that as it may, looking at the facts and circumstances of the case, the period of incarceration already undergone by the applicant and that the offences under the Essential Commodities Act are bailable in nature and also the fact that the charge-sheet has already been filed, I am inclined to allow the instant application and direct that the applicant be enlarged on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court.
Certified copy as per rules.
(Atul Sreedharan) Judge REENA DAS 2018.01.31 15:31:00 +05'30'