Madhya Pradesh High Court
Rinku vs The State Of Madhya Pradesh on 6 August, 2021
Author: Vivek Rusia
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HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
(SINGLE BENCH: HON'BLE Mr. JUSTICE VIVEK RUSIA)
M.Cr.C. No. 34056/2021
(Rinku V/s. The state of M.P.)
Date: 06.08.2021:
Shri Nilesh Dave, learned counsel for the applicant.
Ms. Chitralekha Hardia, learned Panel Lawyer for the
respondent/State.
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This is the first bail application under Section 438, Cr.P.C. seeking
anticipatory bail, due to apprehension of arrest in connection with Crime
No.261/2021, Police-Station- Alirajpur, District- Alirajpur for the
commission of offences under Sections 408, 420 of I.P.C. and 7/8 of E.C.
Act.
As per prosecution story, Junior Supply Officer, Block Alirajpur
lodged an FIR against Sangita W/o Alam Bhinde, President Swayam
Sahayata Samuh, Bhomsa, Rinku W/o Sunil Bhinde (applicant)
Salespersons, Reshma W/o Suresh Bhinde Assistant Salesperson alleging
that the society has been allotted fair price shop for distribution of grains
to the beneficiaries having BPL cards. The complaints were received in
respect of mismanagement, embezzlement and black marketing against
the said accused. The collector constituted a team to conduct the
investigation which comprised Tehsildar, Naib Tehsildar and Junior
Supply Officer etc. They reached to the fair price shop on 20.05.2021 and
found various irregularities. The stocks mentioned in portal, register were
checked and verified from the stocks available in the shop and found
shortage of 157.13 quintal Gehu, 99.73 quintal Chawal, 436 liters
Kerosene, 6.89 quintal Salt, 20.88 Bajra, 0.43 quintal sugar, 1.54 quintal
Tuwar Dal and 1.93 quintal Chana Dal valued Rs.6,63,313.25/- apart from
other irregularities. Accordingly, the Collector has directed to register an
FIR against all three accused.
Learned counsel for the applicant submits that the president of the
society has been granted anticipatory bail by the trial court. This applicant
was working as sales person on very low pay. She has not committed any
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irregularities or misappropriation of the grains. She is ready to cooperate
with the investigation. In light of the judgment passed by the Apex Court
in the case of Arnesh Kumar vs. State of Bihar- (2014) 8 SCC 273, she
may kindly be granted anticipatory bail.
Learned Panel Lawyer for the respondent/State opposes the bail
application by submitting that during the lockdown period, the grains
provided by the Central Government under the Pradhanmantri Garib
Kalyan Yojna has not been distributed to the needy persons. The team
recorded the statements of various beneficiaries and according to the them
the complete grains were not supplied them as per their entitlement.
Applicant and other accused persons committed loss of Rs.6,63,313.25/-
and same is liable to be recovered from them. The investigation has not
been completed so far, only the team collected document and lodged an
FIR against them. From their names, it appears that all the accused are
related to each other and misappropriated the grains. The trail court has
granted anticipatory bail to co-accused Sangita because she is having one
year child with her. It is further submitted that clause 16 (8) of Madhya
Pradesh Public Distribution System (Control) Order, 2015 specifically
provided that on finding an irregularity in operation of a fair price shop, if
it expedient in the opinion of the Collector, prosecution against chairman
or head of the society/ salesperson/employee of institution may be
initiated. If this applicant is released on anticipatory bail, the wrong
message would go to the other fair price shops to commit such
misappropriation.
Heard both sides and perused the challan.
After considering the arguments advanced by the learned counsel
for the parties, this Court is of the view that no case is made out for grant
of anticipatory bail to the applicant. Accordingly, M.Cr.C. is hereby
dismissed.
( VIVEK RUSIA )
JUDGE
praveen
Digitally signed by PRAVEEN
NAYAK
Date: 2021.08.07 15:54:43
+05'30'
