Madhya Pradesh High Court
Balwan Singh vs The State Of Madhya Pradesh on 23 June, 2022
Author: Pranay Verma
Bench: Pranay Verma
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MISC. CRIMINAL CASE No.29578 of 2022
Balwan Singh vs. State of M.P.
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 23rd OF JUNE, 2022
MISC. CRIMINAL CASE No. 29578 of 2022
Between:-
BALWAN SINGH S/O PRABHULAL NAGAR,
AGED ABOUT 53 YEARS,
OCCUPATION : GOVERNMENT SERVANT,
GRAM DEHRIKARAD,
THANA KHUJNER,
DISTRICT - RAJGARH (MADHYA PRADESH)
.....APPLICANT
(BY SHRI M.K. VIJAYWARGIYA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH,
STATION HOUSE OFFICER,
THROUGH POLICE STATION,
KHUJNER,
DISTRICT - RAJGARH (MADHYA PRADESH)
.....NON-APPLICANT
(SHRI KAMAL KUMAR TIWARI APPEARING ON BEHALF OF
ADVOCATE GENERAL)
This application coming on for order this day, the court
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MISC. CRIMINAL CASE No.29578 of 2022
Balwan Singh vs. State of M.P.
passed the following:
Heard with the 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 of Essential Commodities Act registered at Police Station-Khujner, District-Rajgarh at Crime No.54/2022.
3. As per prosecution case, on 27/02/2022 Junior Food Supply Officer alongwith his team inspected the fair price shop at Baskheda in which irregularities in the stock was found during physical inspection. Register was also not found to have been maintained properly. It was also found that ration has not been distributed to the beneficiaries hence case under Section 3/7 of Essential Commodities Act has been registered against the applicant.
4. Learned counsel for the applicant submits that offence under Section 3/7 of Essential Commodities Act is bailable as held by co-ordinate Bench of this Court in M.Cr.C. No.26957/2020 by order dated 05/09/2020. It is hence 3 MISC. CRIMINAL CASE No.29578 of 2022 Balwan Singh vs. State of M.P. submitted that offence being bailable, the applicant deserves to be granted the benefit of anticipatory bail.
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. The co-ordinate Bench of this Court in case of Rakesh Kumar vs. State of M.P. in M.Cr.C. No.26957/2020 by order dated 05/09/2020 has held 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 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."4
MISC. CRIMINAL CASE No.29578 of 2022 Balwan Singh vs. State of M.P.
8. On perusal of the aforesaid judgment and by relying upon the same, I deem it fit to extend the benefit of anticipatory bail to the applicant.
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) 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: 2022.06.27
13:48:04 +05'30'