Madhya Pradesh High Court
Jagannath Prasad Vasudev vs The State Of Madhya Pradesh on 21 August, 2024
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
NEUTRAL CITATION NO. 2024:MPHC-JBP:41598
1 MCRC-32850-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 21st OF AUGUST, 2024
MISC. CRIMINAL CASE No. 32850 of 2024
JAGANNATH PRASAD VASUDEV AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sankalp Kochar - Advocate for the applicants.
Shri Y.D. Yadav - Govt. Advocate for the State.
ORDER
This is first application filed by the applicants under Section 438 of the Cr.P.C. seeking anticipatory bail relating to FIR/Crime No.291/2024 dated 13.7.2024 registered at Police Station Keolari, District Seoni for the offences punishable under Sections 409/34 of the IPC and Section 3 & 7 of the Essential commodities Act, 1955.
2. The counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. The present applicants are salesman and Manager of a Fair Price Shop. The POS machines were not functioning properly and, therefore, in terms of the provisions of the circulars issued from time to time, the POS machines were converted from online mode to offline mode and, therefore, when the applicants were issued show cause notices regarding difference in physical stock and the stock which was being shown in the POS machine, the applicants submitted a detailed reply along with the copies of the circulars Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 8/22/2024 12:00:09 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:41598 2 MCRC-32850-2024 issued by the Authorities from time to time, yet an order of recovery was passed by the Sub Divisional Officer. The order passed by the Sub Divisional Officer of recovery has been assailed by the applicant by way of filing a petition before this Court and there is an interim order as well by this Court by which, the respondents have been restrained from recovering any amount from the applicants pursuant to order dated 7.5.2024. It is further submitted that on the basis of said order of recovery, an FIR against the applicants have been lodged. It is contended that there is no mens rea inasmuch as, none of the customers has made any complaint against the applicants and there are circulars, which have been brought on record along with the interlocutory application in order to demonstrate that during Covid period as well as on account of technical fault in POS machine, permission was granted to them to maintain stock through offline mode. It is further submitted that Sections 3 & 7 of the Essential Commodities Act are bailable as has been held by Gwalior Bench of this Court in M.Cr.C. No. 26629 of 2023 (Koksingh Yadav Vs. State of M.P.) decided on 23.6.2023 . It is submitted that the applicants are ready to cooperate in investigation and trial. Therefore, the applicants be enlarged on anticipatory bail.
3. The counsel for the State has opposed the application and submitted that in terms of the order passed by this Court on 2.8.2024, the POS machines were checked and it has been informed to Station House Officer by Junior Supply Officer that upon inspection, the POS machine bearing number 1906676260 has been found to be operational and same did not contain any technical fault. Hence considering the serious allegations, which Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 8/22/2024 12:00:09 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:41598 3 MCRC-32850-2024 involves defalcation of a huge amount, the applicants are not entitled to be enlarged on anticipatory bail.
4. Having considered the submissions and on perusal of record, it reflects that upon receipt of notice, the applicants had filed reply before the Sub Divisional Officer that since October, 2019, the POS machines had some technical fault and said defect was not cured. The applicants have not brought on record any document to demonstrate that the Authorities were apprised of regarding the fault in the POS machines since October, 2019. The inspection report of POS machines reflects that they had no defect since inception of Covid-19 till the date of submission of verification report.
5 . In the present case, offence under Section 409/34 of the IPC has also been registered against the applicants, therefore, the reliance placed by the counsel for the applicants on Koksingh (supra) is misplaced.
6 . In the conspectus of the facts and circumstances of the case, considering the serious allegations against the applicants of misappropriation of stock of food grains meant for weaker section of the society, this Court is not inclined to enlarge the applicants on anticipatory bail.
7. Accordingly, the application stands dismissed.
(MANINDER S. BHATTI) JUDGE PB Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 8/22/2024 12:00:09 PM