Madhya Pradesh High Court
Vijay Kulhara vs The State Of Madhya Pradesh on 20 January, 2020
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 54928/2019
(Vijay Kulhara and Anr. Vs. State of M.P.)
1
Jabalpur, Dated : 20/01/2020
Shri Manish Datt, Sr. counsel with Shri Pawan Gujar, counsel
for the applicants.
Shri Mahendra Choubey, G.A. for the respondent / State.
Heard with the aid of case diary.
This is first bail application filed by the applicants Vijay Kulhara and Ranjeet under Section 438 of CrPC for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No. 751/2019, registered at P.S. - City Kotwali, District - Chhindwara under Sections 409, 120-B of the IPC and Section 3, 7 of the Essential Commodities Act.
As per the prosecution case, on 31/12/2013 complainant Gokul Prasad lodhi, the then District Supply Officer lodged a report at Police Station Chhindwara, District Chhindwara averring that he is posted at Collectorate (Supply Department), Chhindwara. On the complaint received from Collector, Chhindwara he made an enquiry regarding supply of excessive kerosene in the year 2014 and in the enquiry he found that during January, 2014 to November 2014, 72899 liters of kerosene was illegally alloted by co-accused D.S. Markam and Raju Katulkar (the then District Supply Officers) to various fair price shop dealers located in District Chhindwara. On that Police registered Crime No.751/2019 for the offence punishable under Sections 409, 120-B of the IPC and Sections 3, 7 of the Essential Commodities Act against the applicants and co-accused. The specific allegation against the applicants is that the applicants are the distributors of fair price shops and they sold said kerosene to the consumers @ Rs.53.60 per liter and made entry in their register showing that they sold said kerosene to the consumers @ Rs.15.15 per liter. Thus, co-accused D.S. Markam and Raju Katulkar in connivance with applicants (distributor of fair price shops) misappropriated the amount received after selling of kerosene and caused loss to the Government to the tune of Rs.28,00,000/-.
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 54928/2019 (Vijay Kulhara and Anr. Vs. State of M.P.) 2 Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the offence. The applicants are dealer of fair price shop and the kerosene was validly allotted to them by the order of concerned Officer and they sold that kerosene @ Rs.15.15 per leter. There is no evidence on record to show that the applicants wrongly procured the kerosene and sold that kerosene @ Rs.53.60 per liter and made enter in their register showing that they sold kerosene to the consumers @ Rs.15.15 per liter. It is alleged that applicants violated the Clause 16(6) of the M.P. Public Distribution system (Control) Order 2015, while at the time of alleged offence the said order was not in force. The applicants have no criminal past. They are ready to cooperate in the investigation and trial. In the event of arrest, their reputation will be ruined. Under these circumstances, applicants prays for anticipatory bail.
Learned counsel for the respondent/State opposed the prayer and submitted that sufficient evidence is available against the applicants to connect them with the offence in question, so they should not be released on anticipatory bail.
Looking to the facts and circumstances of the case and the fact that the alleged offence is said to have committed in the year 2014, while Police registered the crime in the year 2019, in the enquiry report it is not mentioned that applicants sold kerosene @ Rs.53.60 per liter and made entry in the register that they sold said kerosene @ Rs.15.15 per liter, the applicants have no criminal past, without commenting on the merits of the case the application is allowed. It is directed that in the event of arrest by Police in the aforesaid case, the applicants Vijay Kulhara and Ranjeet shall be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) each with a solvent surety each in the like amount to the satisfaction of the Arresting Officer for their regular appearance before the Police during the investigation or before the Court during trial.
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 54928/2019 (Vijay Kulhara and Anr. Vs. State of M.P.) 3 This order will remain operative subject to compliance of the following conditions by the applicants :-
1. The applicants will comply with all the terms and conditions of the bond executed by them;
2. The applicants will cooperate in the investigation/trial, as the case may be;
3. The applicants will not indulge themselves 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 applicants shall not commit an offence similar to the offence of which they are accused;
5. The applicants will not seek unnecessary adjournments during the trial; and
6. The applicants will not leave India without prior permission of the trial Court/Investigating Officer, as the case may be.
C.C. as per rules.
(Rajeev Kumar Dubey) Judge sarathe Digitally signed by NAVEEN KUMAR SARATHE Date: 2020.01.21 10:22:13 +05'30'