Madhya Pradesh High Court
Rishi Patel vs The State Of Madhya Pradesh on 22 November, 2018
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 44087/2018
(Rishi Patel Vs. State of M.P.)
Jabalpur, Dated: 22.11.2018
Shri Jayant Neekhra, learned counsel for the applicant.
Shri R.S. Shukla, learned Panel Lawyer for the
respondent/State.
Heard both the learned counsel for the parties. This is first bail application filed by the applicant Rishi Patel under Section 438 of CrPC for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No.252/2018, registered at P.S. Palera, District Tikamgarh under section 349 of IPC and 53 of Madhya Pradesh Minor Mineral Rules, 1996.
As per the prosecution story, on 14.08.2018 police stopped truck bearing registration No.MP-19-HA-4806 near Khajri Gadari Road, which was being driven by co-accused Mukesh Kushwaha loaded with sand. It was found that the sand was being transported without valid pit pass, so police seized that truck bearing registration No.MP-19-HA-4806 and also arrested the co-accused Mukesh Kushwaha and registered the Crime No.252/2018 for the offence punishable under section 349 of IPC and 53 of Madhya Pradesh Minor Mineral Rules, 1996. The applicant was the owner of the said truck, so police implicated the applicant in the crime.
Learned counsel for the applicant submits that applicant has not committed any offence and has falsely been implicated in the offence. It is submitted that at the relevant time, the sand was carrying in the truck on valid pit pass and permit.
Digitally signed by SANTOSH MASSEY Date: 25/11/2018 20:54:49 2THE HIGH COURT OF MADHYA PRADESH Applicant is ready to cooperate in the investigation and trial. Under these circumstances, applicant prays for anticipatory bail. He also produced pit pass in support of his application and also the licence given by the Collector for storage of sand.
Learned counsel for the State opposed the prayer and submitted that driver of the truck did not produce pit pass when police stopped the vehicle which creates doubt on the pit pass produced by the applicant in support of his application. So he may not be released on anticipatory bail.
Looking to the facts and circumstances of the case and the documents produced by the applicant regarding transportation of seized sand, without commenting on the merits of the case, the application is allowed. It is directed that in the event of arrest by Police in the aforesaid case, the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the Arresting Officer for his regular appearance before the Police during the investigation or before the Court during trial. This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing Digitally signed by SANTOSH MASSEY Date: 25/11/2018 20:54:49 3 THE HIGH COURT OF MADHYA PRADESH such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the concerned Station House Officer for compliance.
C.C. as per rules.
(Mohd. Fahim Anwar) Judge skm Digitally signed by SANTOSH MASSEY Date: 25/11/2018 20:54:49