Madhya Pradesh High Court
Jagannath vs The State Of Madhya Pradesh on 22 December, 2022
Author: Pranay Verma
Bench: Pranay Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 22nd OF DECEMBER, 2022
MISC. CRIMINAL CASE No. 59970 of 2022
BETWEEN:-
JAGANNATH S/O BADRILAL PRAJAPATI,
AGED ABOUT 45 YEARS, OCCUPATION: SELSMAN,
VILLAGE BOKDI, TEHSIL PACHORE,
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI TARUN KUSHWAHA - ADVOCATE )
AND
THE STATE OF MADHYA PRADESH
STATION HOUSE OFFICER
THROUGH POLICE STATION PACHORE,
DISTRICT RAJGARH (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI HITENDRA TRIPATHI - GOVT. ADVOCATE)
This application coming on for admission this day, the court
passed the following:
ORDER
Signature Not Verified
Signed by: NEERAJ
SARVATE
Signing time: 24-12-2022
11:25:17
2
1. They are heard. Perused the case diary /challan papers.
2. This is the First application under Section 439 of Criminal Procedure Code, 1973. Applicant is implicated in connection with Crime No.500/2022 registered at Police Station Pachore, District Rajgarh (MP) for offence punishable under Sections 3/7 Essential Commodities Act, 1955.
3. The applicant is in custody since 07.12.2022.
4. As per the prosecution, on receipt of a complaint, on 18.08.2022 a Government Fair Price Shop, Karondi (3206091) was inspected by Shri Suresh Gurjar, Junior Supply Officer of Food Department, Sarangpur and during the course of inspection Stock Register and rate list were misplaced and on physical inspection of the shop it was found that quantity of wheat 66,342 Kg., rice 13,582 Kg., salt 4,484, sugar 49 Kg., kerosene 5 liter and jwar 2,262 Kg was less. The total value of the misappropriated stock was Rs.26,70,865/-. The misappropriation was alleged to have been done by the applicant Jagannath. On the basis of the aforesaid allegation, applicant has been implicated and arrested for the present offence.
5. Learned counsel for the applicant submits that offence under Section 3/7 of the Essential Commodities Act is a bailable offence. The confusion has prevailed in the mind of the Investigating Agency in view of various decisions in this aspect who may hence not be aware of the correct legal position. Reliance has been placed by him on the decision Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 24-12-2022 11:25:17 3 of this Court in Rakesh Kumar vs. State of M.P., M.Cr.C. No.26957 of 2020 decided on 05.09.2020. Investigation has been completed and chargesheet has been filed and the applicant is in custody since 07.12.2022 and the trial is likely to take time for its conclusion. On such grounds prayer for grant of bail to the applicant has been made.
6. Learned counsel for the respondent/State has opposed the application and has submitted that in view of the allegations levelled against the applicant he is not entitled to be released on bail.
7. I have heard the learned counsel for the parties and have perused the case diary.
8. This Court in Rakesh Kumar (supra) has categorically held that offence under Section 3/7 of the Essential Commodities Act is bailable in nature. The relevant portion of the said order is 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.Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 24-12-2022 11:25:17 4
9. In view of the decision in the case of Rakesh Kumar (supra) offence under Section 3/7 of the Essential Commodities Act is a bailable offence. Thus in my opinion, the applicant also deserves to be enlarged on bail.
10. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
11. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(PRANAY VERMA) JUDGE ns Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 24-12-2022 11:25:17