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Madhya Pradesh High Court

Vijay Singh vs The State Of Madhya Pradesh on 3 November, 2016

 1 Vijay Singh and Anr V. State of MP.
                                                        M.Cr.C. No.12747/2016

03.11.2016
       Shri HK Shukla, Advocate for the petitioner.
       Dr.    Smt.      Anjali    Gyanani        Govt.    Advocate      for   the
respondent/State.

Case Diary is perused.

Learned counsel for the rival parties are heard. The applicant has filed this application u/S 438, Cr.P.C. for grant of bail. The applicant apprehends arrest in connection with Crime No.134/2016 registered by Police Station Jamner, District- Guna in relation to the offences punishable u/Ss. 3/ 7 EC Act and u/Ss. 11 (1) (2) (9) Sec.12 (2) (3) and Sec. 13 (2) of Public Distribution Control Order 2015.

Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record no case for grant of bail is made out.

The applicant is in custody since 27.09.2016. The petitioner is alleged with misappropriation of large quantities of food-grains meant for distribution among persons of weaker economic status under the Public Distribution Systems. Petitioner is Salesman of the society which manages the public distribution system. Misappropriated grain is yet to be recovered. In matters of this nature custodial interrogation becomes necessary.

The petitioner has placed reliance on the order of bail granting anticipatory bail to co-accused Kamlesh Dhakad passed in Mcrc No. 6754/2016 whereby this court while holding that the offence punishable u/S. 3/ 7 EC Act is bailable granted the benefit of anticipatory bail.

2 Vijay Singh and Anr V. State of MP.

This Court is afraid that the finding of offence punishable u/S. 3/ 7 of EC Act being bailable held in the order dated 2.8.16 passed by this very court is per incurium the law.

The offence punishable u/S. 3/ 7 of EC Act prescribes maximum punishment of seven years. The Essential Commodities Act does not categorize the said offences to be bailable or non- bailable and therefore recourse is to be had to the general law contained in schedule II of Cr.P.C which describes only those offences as bailable which are punishable with imprisonment far less than three years. Thus as per schedule II of the Cr.P.C offence punishable u/S. 3/ 7 of EC Act is non-bailable.

In view of the above order dated 2.8.16 passed in Mcrc No. 6754/2016 granting bail to the said co-accused is distinguishable and is of no avail to the petitioner.

Accordingly, no case for bail is made out.

Therefore present bail application stands rejected. However liberty is granted to come again after conclusion of investigation.

                                                              (Sheel Nagu)
ar                                                              Judge