Madhya Pradesh High Court
Surendra vs The State Of Madhya Pradesh on 22 December, 2021
Author: Anil Verma
HIGH COURT OF MADHYA PRADESH
1 MCRC No.61931/2021
MCRC No.61931/2021
(Surendra Vs. State of M.P.)
Indore, Dated : 22.12.2021
Shri Sanjay Sharma, learned counsel for the applicant.
Ms. Seema Maheshwari, learned PL for the
non-applicant/State.
Applicant has filed this first bail application under Section
439 of the Code of Criminal Procedure, 1973. He is in Jail since
24.9.2021 in connection with Crime No.525/2021 registered at
P.S. - Deendayal Nagar, Ratlam (M.P.) for commission of offence
punishable under Section 409 of IPC and under Section 3/7 of
Essential Commodities act.
As per the prosecution story, Junior Supply Manager Ms.
Rashmi Khambhate submitted the investigation report of the fair
price shop run by the present applicant stating that there is no
purchase and selling of foodgrains by the applicant and during
investigation it was found that in the month of July-August 2021
foodgrains have not been sold or purchased by the applicant and
the applicant is not maintaining the stock register as per rules. On
the spot 111.5 qunital of wheat grains, 100.44 qunital of rice
grains, 41.9 quintal of salt and 0.51 quintal of sugar was found
and applicant did not sell the said grocery to the eligible
beneficiary and in order to derive profit, he illegally created chaos.
Accordingly offence has been registered.
Learned counsel for the applicant submits that applicant is
innocent and he has been falsely implicated in this matter. There
is no legal evidence to connect him with the aforementioned
offence. As per the order dated 16.9.2021 the applicant was
released on bail by the trial Court and he did not misuse the liberty
given to him in any manner but he was taken into custody by
adding the charge under Section 409 of IPC. He is a local resident
of District Ratlam. He will neither abscond nor tamper the
prosecution evidence. Learned counsel for the applicant has also
placed reliance upon the judgment of this court in the case of
Signature Not Verified
SAN
Digitally signed by TRILOK SINGH
SAVNER
Date: 2021.12.22 18:38:06 PST
HIGH COURT OF MADHYA PRADESH
2 MCRC No.61931/2021
Sayera Bi s. State of M.P. reported in 2006 Cr.L.R. (MP) 262.
Hence, he prays that applicant be released on bail.
Per-contra, learned PL for respondent/State opposes the
bail application and prays for its rejection.
Perused the case diary as well as the impugned order of
the court below.
Considering all the facts and circumstances of the case,
arguments advanced by counsel for the parties, nature and gravity
of allegation as also taking note of the fact that in this offence
earlier the applicant was released on bail vide order dated
16.9.2021 passed by the Judicial Magistrate First Class, Ratlam
as all the offences were bailable at that time and at the time of
filing of charge sheet police has added offence under Section 409
of IPC and he was again taken into custody, during bail he has not
misused the liberty given to him, I deem it proper to release the
applicant on bail.
Accordingly, without commenting on the merits of the case,
the application is allowed. It is directed that the applicant be
released on bail upon his furnishing a personal bond in the sum of
Rs.70,000/- (Rs. Seventy Thousand only) with one solvent
surety in the like amount to the satisfaction of the trial Court for his
appearance before the trial Court, as and when required. He shall
abide by the conditions enumerated u/S. 437(3) Cr.P.C.
Before releasing the applicant from the custody, the Jail
Authorities are directed to medically examine him in order to rule
out the possibility of Covid-19 infections and shall comply with the
directions issued by the Hon'ble Apex Court in W.P.No. 01/2020.
C.C. as per rules.
(Anil Verma)
Judge
trilok/-
Signature Not Verified
SAN
Digitally signed by TRILOK SINGH
SAVNER
Date: 2021.12.22 18:38:06 PST
