Madhya Pradesh High Court
Devendra Sharma vs The State Of Madhya Pradesh on 21 April, 2015
M.Cr.C.No. 3347/2015 ( Devendra Sharma Vs. State of M.P.) 1
21.04.2015
Shri Amit Lahoti, Advocate, for the applicant.
Shri A.S. Raghuwanshi, Panel Lawyer, for the respondent/ State.
Heard.
This is the first bail application for anticipatory bail filed under Section 438 of Cr.P.C.
The applicant apprehends his arrest in connection with complaint Case No.1572/14 filed by the Agricultural Development Officer, Guna, against the applicant Devendra Sharma and other accused persons under Section 3 / 7 of Essential Commodities Act read with Section 19, Schedule 1B Fertilizers and Sections 420 and 418 of IPC.
It is alleged that the Agriculture Development Officer on 09.06.2014 inspected the agency of applicant Devendra Sharma which is run as "Nashkala Crop Producer Company Pvt. Ltd. Guna," and purchased the fertilizers in three samples, which were sealed. One sample was sent to Bhopal for analysis. It was found that the sample is substandard. Therefore, the said fertilizer was held to be not original and criminal complaint was filed before the learned C.J.M., Guna.
On behalf of the applicant it is claimed that the applicant is the Proprietor of Nashkala Crop Producer Company Pvt. Ltd, Guna. He is not the manufacturer of the said fertilizer. It is also claimed that the second sample was sent on his request to State Fertilizer Analyzing Laboratory Udaipur vide letter dated 18.07.2014 by the Directorate of Kisan Kalyan Krishi Vikas, M.P. vide letter dated 1.10.2014 addressed to the Dy Director Kisan Kalyan Krishi Vikas, Guna, intimidated that M.Cr.C.No. 3347/2015 ( Devendra Sharma Vs. State of M.P.) 2 second sample was analyzed at Laboratory Udaipur which was found as per the standard. Therefore, the applicant prayed for grant of anticipatory bail.
Learned Panel Lawyer for the State opposed the application. Without going into the merits of the case on the basis of report received from the Analysing Laboratory, Udaipur, the application is allowed. It is directed that applicant make himself present before the C.J.M. Guna within 10 days from today and in the event of his arrest, the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of C.J.M., Guna.
The applicant is directed to join the investigation immediately and to fully co-operate with the investigation. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
In view of the ratio laid down by Hon'ble Apex Court in Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Others JT 2010 (13) SC 247, this order shall remain in force till the end of the trial. However, the applicant has to furnish a fresh bail bond and surety before the trial Court after the filing of challan.
Certified copy as per rules.
(S.K. Palo)
mani Judge