Hiramuni Diggi vs The State Of Jharkhand
2023 Latest Caselaw 2298 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                A.B.A. No.4745 of 2023
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1. Hiramuni Diggi

2. Subani Diggi

3. Laxmi Diggi .... .... .... Petitioners Versus The State of Jharkhand .... .... ....Opposite Party

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Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioners : Mr. Arun Kumar, Advocate For the State : Mrs. Kumari Rashmi, Addl.P.P

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Order No.03 Dated- 13.07.2023 Heard learned counsel for the parties.

Apprehending their arrest in connection with Chakradharpur P.S. Case No. 63 of 2023 instituted under Sections 7 of Essential Commodities Act, the petitioners have moved this Court for grant of privilege of anticipatory bail.

As per FIR, allegation is that petitioners being president of "Neebu Self Help Group" have not supplied rice and wheat to the beneficiaries in the month of October and November, 2022 for the purpose of black-marketing. 46 quintal rice, 1.5 quintal wheat were recovered from their possession.

Learned counsel for the petitioners has submitted that nothing has been recovered from the possession of petitioners and they have distributed rice and wheat to all card holders except few of them card holders did not come to receive ration. In the facts and circumstances of the case, no offence under Section 7 of E.C. Act is applicable. Petitioners are poor women having no criminal antecedents and they have falsely been implicated in this case with ulterior motive and village politics. Petitioners have complied the notice issued to them under Section 41(A) of Cr.PC and after completion of investigation, charge-sheet has been submitted against them. Petitioners undertake to co-operate with the trial of the case. Hence, the petitioners may be extended the privilege of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

It appears that petitioner is co-operating with the investigation of the case in compliance of notice under Section 41(A) of Cr.PC and after completion of investigation, charge-sheet has been submitted against the petitioners and the case falls under category "A" of the judgment of Hon'ble Supreme Court of India in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2021(10) SCC 773. There is no requirement for custodial trial of the petitioners. Hence, without expressing any view on the merits of the case, this anticipatory bail application is disposed off.

Petitioners are directed to appear before the court below and seek regular bail which shall be disposed off in strict compliance of guidelines laid down by the Hon'ble Supreme Court of India in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2021(10) SCC 773 as well as recent observation of Hon'ble Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2023 LiveLaw(SC) 233.

(Pradeep Kumar Srivastava, J.) Pappu/