Madhya Pradesh High Court
Shobharam vs The State Of Madhya Pradesh on 7 July, 2022
Author: Pranay Verma
Bench: Pranay Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 7th OF JULY, 2022
MISC. CRIMINAL CASE No.32748 of 2022
Between:-
SHOBHARAM S/O TOTARAM AVCHARE,
AGED ABOUT 56 YEARS,
OCCUPATION : SERVICE,
KRISHNA COLONY,
BISTAN NAKA,
KHARGONE SEWA SAHKARI SANSTHA,
SINGUN TEHSIL KASRAWAD,
DISTRICT - KHARGONE (MADHYA PRADESH)
.....APPLICANT
(MS. SUDHA SHRIVASTAVA, LEARNED COUNSEL FOR THE
APPLICANT)
AND
THE STATE OF MADHYA PRADESH,
STATION HOUSE OFFICER,
THROUGH POLICE STATION BALAKWADA,
TEHSIL KASRAWAD,
DISTRICT - KHARGONE (MADHYA PRADESH)
.....NON-APPLICANT
(SHRI KAMAL KUMAR TIWARI, LEARNED GOVERNMENT ADVOCATE
FOR THE STATE)
This application coming on for order this day, the court
passed the following:
2
Heard on the question of grant of anticipatory bail with aid
of case-diary.
ORDER
1. This is the first application filed by the applicant under Section 438 Cr.P.C. for grant of anticipatory bail.
2. The applicant is apprehending his arrest for an offence punishable under Section 3/7 Essential Commodities Act registered at Police Station-Balakwada, District-Khargone in Crime No.212/2022.
3. As per prosecution case, on 07/03/2022 an inspection was carried out at Fair Price Shop run by Seva Co-operative Society, Singun and it was found that stock price list was not displayed on the board in the Government Fair Price Ration Shop. The documents and information were not maintained as per government instructions, sealed samples of essential commodities were not displayed, stock register and POS on physical verification of the stock according to the machine difference was found in the stock of wheat, rice and kerosene. There has hence been gross irregularities and misappropriation in the matter which is due to the acts of seller and manager, the present applicant. On the basis of aforesaid allegation a case under Section 3/7 of Essential Commodities Act has been registered against the applicant.
4. Learned counsel for the applicant submits that the offence under Section 3/7 of Essential Commodities Act is in fact a 3 bailable offence but due to confusion which has prevailed in the mind of investigating agency which is not aware of the correct legal position, the applicant has been implicated in the instant matter. Hence anticipatory bail has been prayed for. Reliance has been placed on a decision of co-ordinate Bench of this Court in Rakesh Kumar vs. State of M.P. in M.Cr.C. No.26957/2020 decided by order dated 05/09/2020.
5. The aforesaid prayer has been opposed by learned Government Advocate for the State.
6. I have heard the learned counsel for the parties and have perused the case-diary.
7. In the matter of Rakesh Kumar (Supra) a co-ordinate Bench of this Court has categorically held that the offence under Section 3/7 of Essential Commodities Act is in fact a bailable offence. Relevant portion of the said decision as under :-
"Thus, it becomes quite clear that the offence under Section 3/7 of the Essential Commodities Act is infact a bailable offence. However, as laid down by the Courts referred to above, the confusion is likely to prevail in the minds of the investigating agency who may not be aware of the correct legal position hence, anticipatory bail has been granted looking to such position.
As far as present matter is concerned, keeping in view that offence under Section 3/7 of the Essential Commodities Act is actually bailable in nature but still due to reasons mentioned earlier i.e. investigating agency may not be aware about 4 the correct legal position, there is likelihood of arrest of the applicant. In the light of views expressed in the aforesaid citations with which I concur absolutely, application for grant of anticipatory bail is allowed in this matter."
8. Thus, on due consideration of the submissions of learned counsel for the applicant and in view of the decision of this Court in Rakesh Kumar (Supra), applicant deserves to be granted the benefit of anticipatory bail.
9. Accordingly the bail application is allowed and it is directed that in the event of the applicant's arrest, the applicant be released on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one separate surety of the like amount to the satisfaction of Station House Officer of the Police Station concerned. He would abide by the conditions mentioned in Section 438 (2) Cr.P.C.
Certified copy as per rules.
(Pranay Verma)
Aiyer* Judge
Digitally signed by
JAGDISHAN AIYER
Date: 2022.07.08
18:28:30 +05'30'