Madhya Pradesh High Court
Narendra Tiwari vs The State Of Madhya Pradesh on 13 February, 2019
1 MCRC.5663/2019
Narendra Tiwari Vs. State of M.P.
Gwalior dated 13.02.2019
Shri Harshad Bahirani, counsel for the
applicant.
Smt. Gayatri Surve, Public Prosecutor, for
the respondent/State.
Heard the learned counsel for the parties. The applicant has filed this first application u/S 438, Cr.P.C. for grant of bail.
The applicant has an apprehension of his arrest in connection with Crime No.05/2019 registered at Police Station Belgada, Dabra, District Gwalior (M.P.) for the offences punishable under Section 3/7 of Essential Commodities (Special Provision) Act, 1981.
Learned counsel for the applicant submits that the applicant is reputed person of the locality, who has no criminal past alleged against him. He has no connection with the crime registered against him. He has falsely been implicated in the offence. The offence under the Essential Commodities Act is a bailable offence, therefore, the order passed by the trial Court is illegal and contrary to the provision of Section 7 of Essential Commodities Act. Under these circumstances, the applicant prays for bail of anticipatory nature.
Learned Public Prosecutor opposes the application.
2 MCRC.5663/2019Narendra Tiwari Vs. State of M.P. As the offence is bailable, an application under Section 438 of Cr.P.C. would not be maintainable. However, taking into consideration that the police and the administration is not likely to know about these provisions and the interpretation, it is hereby directed that because the offence is bailable, in the event of the arrest of the applicant the officer arresting the applicant shall release him on bail treating the the offence to be bailable. In the alternative, the applicant may appear before the Special Court alongwith the copy of this order and furnish bail to the satisfaction of the said Court.
The application is accordingly disposed of.
(Rajeev Kumar Shrivastava) Judge Pj'S/-
PRINCEE BARAIYA 2019.02.14 11:06:52 -08'00'