Mohd. Sharif @ Sharik Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 3978 MP

                                                         1                            MCRC-34933-2021
                               The High Court Of Madhya Pradesh
                                         MCRC-34933-2021
                                  (MOHD. SHARIF @ SHARIK KHAN Vs THE STATE OF MADHYA PRADESH)

                      2
                      Jabalpur, Dated : 05-08-2021
                              Heard through Video Conferencing.
                              Shri Ankit Saxena, learned counsel for the applicant.
                              Shri Yogendra Das Yadav, learned Government Advocate for the
                      respondent/ State.

This first application filed under Section 438 of Cr.P.C. for grant of

anticipatory bail to the applicant, as he is apprehending his arrest in connection with Crime No.218/2020, registered at Police Station- Crime Branch, District-Bhopal (M.P.) for offences punishable under Section 272, 273, 420 of the IPC and Section 51, 52 and 26(2)(ii) of Khadya Suraksha and Manak Adhiniyam.

As per prosecution case, it is alleged against the applicant that he as representative of co-accused Mahesh Kumar Sharma owner of Shiv Mawa and Transport Company, Mor Bazaar, Lashkar, Gwalior was found having sub-standard and mis-brand milk products and sweets in his possession for

sale.

Learned counsel for the applicant submitted that applicant was not a representative of co-accused Mahesh Kumar Sharma owner of Shiv Mawa and Transport Company, Mor Bazaar, Lashkar, Gwalior. He is a labourer (Hamal) and doing work of only loading and unloading of goods. On the date of incident, material was seized during unloading the goods from vehicle of co-accused. Applicant is a innocent person, therefore he be enlarged on anticipatory bail. The principle of Arnesh Kumar's case are also applicable to the case of applicant. The applicant is ready and willing to co-operate the investigation agency and furnish appropriate surety as may be imposed on him.

Signature Not Per-contra learned counsel for the respondent/ State opposed the said SAN Verified

Digitally signed by MRS RASHMI CHIKANE PASWAN Date: 2021.08.06 10:15:00 IST 2 MCRC-34933-2021 application for grant of anticipatory bail to the applicant and submitted that applicant was not only unloading the seized material but he along with the co- accused person was involved in the crime, therefore, he be not granted the benefit of anticipatory bail.

Considering the facts and circumstances of the case, I am not inclined to allow this bail application. However, looking to the fact that the offence

involved in the case are not punishable with more than 7 years of imprisonment and Section 41(1) of Cr.P.C. provides that the offences for which punishment prescribed is imprisonment for a term upto seven years, the accused may be kept in custody only if the condition enumerated in Section 41(1)(b)(ii) of Cr.P.C. exists. In Arnesh Kumar's case [(2014) 8 SCC 273], the Hon'ble Apex Court has held as under:-

"..........the arrest effected by the police officer does not satisfy the requirements of Section 41 of the Code, Magistrate is duty bound not to authorise his further detention and release the accused......".

Therefore, in view of the observations laid down in the judgment referred above, I deem fit to direct as under :-

(i) That, the police may resort to the extreme step of arrest only when the same is necessary and the applicant fails to cooperate in the investigation.

(ii) That, the applicant should first be summoned to cooperate in the investigation. If the applicant cooperates in the investigation then the occasion of his arrest should not arise.

(iii) That, if the applicant-accused is arrested and he wants to file application under Section 437 of Cr.P.C. for regular bail before lower Court, then he will be produced before the lower Court without any delay.

Lower Court is also directed to consider his bail application as expeditiously as possible, preferably, on the same day.

This petition is disposed off with the aforesaid directions.

Signature
 SAN      Not
Verified                     C.C. as per rules.
Digitally signed by
MRS RASHMI
CHIKANE PASWAN
Date: 2021.08.06
10:15:00 IST
                            3               MCRC-34933-2021


                               (SATYENDRA KUMAR SINGH)
                                        JUDGE


                      RC




Signature
 SAN      Not
Verified

Digitally signed by
MRS RASHMI
CHIKANE PASWAN
Date: 2021.08.06
10:15:00 IST