Madhya Pradesh High Court
Shobharam vs The State Of Madhya Pradesh on 18 July, 2022
Author: Pranay Verma
Bench: Pranay Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 18th OF JULY, 2022
MISC. CRIMINAL CASE No. 22304 of 2022
Between:-
SHOBHARAM S/O BABULAL SOLANKI, AGED
ABOUT 45 YEARS, OCCUPATION:
AGRICULTURIST R/O DALPURA RAJGARH
TEHSIL SARDARPU P.S. RAJGARH, DISTRICT
DHAR (MADHYA PRADESH)
.....APPLICANT
(BY SHRI DHARMENDRA YADAV, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
RAJGARH, DISTRICT DHAR (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI RAJESH JOSHI, GOVT. ADVOCATE)
This application coming on for order this day, th e court passed the
following:
ORDER
01. This is first application filed by the applicant under Section 438 of the Code of Criminal Procedure, for grant of anticipatory bail. The applicant is apprehending his arrest in connection with Crime No.161/2022 registered at Police Station Rajgarh, District Dhar for an offence punishable under Section 3/7 of the Essential Commodities Act.
02. As per the prosecution story, the applicant has illegally stored 620 Signature Not Verified liters of Bio Diesel without a valid license in that regard and without legitimate Signed by: JYOTI CHOURASIA Signing time: 22-Jul-22 4:55:31 PM documents. On the basis of the recovery which has been made from the 2 applicant on 28.03.2022 a case under Section 3/7 of the Essential Commodities Act has been registered against him. The grounds which have been mentioned are that the applicant is a bona fide purchaser of Bio Diesel and has procured it for the purpose of his agriculture as his diesel pump has been installed in the field which requires such Bio Diesel. Thus by procuring the said diesel the applicant has not committed any offence.
03. 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 of this Court in Rakesh Kumar vs. State of M.P., M.Cr.C. No.26957 of 2020 decided on 05.09.2020 . On such grounds anticipatory bail in favour of the applicant has been prayed for.
04. Learned counsel for the respondent/State has opposed the prayer and has submitted that the applicant is not entitled for grant of benefit of anticipatory bail.
05. I have heard the learned counsel for the parties and have perused the case diary.
06. 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, Signature Not Verified Signed by: JYOTI the confusion is likely to prevail in the minds of the investigating CHOURASIA Signing time: 22-Jul-22 4:55:31 PM agency who may not be aware of the correct legal position hence, 3 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.
07. 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 the present application deserves and is hereby allowed.
08. It is directed that in the event of arrest of applicant by the Arresting Officer, he shall be released on bail subject to his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety of like amount to the satisfaction of the Arresting Officer (Investigating Officer).
09. The applicant shall make himself available for interrogation by a Police Officer, as and when required. Applicant shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.
10. Accordingly, Miscellaneous Criminal Case No.22304 of 2022 stands allowed and disposed off.
Certified copy as per rules.
Signature Not Verified (PRANAY VERMA) Signed by: JYOTI CHOURASIA JUDGE Signing time: 22-Jul-22 4:55:31 PM jyoti 4 Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 22-Jul-22 4:55:31 PM