Anurag Tembhre vs The State Of Madhya Pradesh
2021 Latest Caselaw 933 MP

                                     1                         MCRC-14178-2021
        The High Court Of Madhya Pradesh
                  MCRC-14178-2021
                 (ANURAG TEMBHRE Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 22-03-2021
      Shri Manish Datt, learned Senior Counsel with Shir Siddharth Datt,
learned counsel for the applicant.
      Shri Ravindra Singh Rajput, learned P.L. for the respondent/State.

This is first bail application under Section 438 of Cr.P.C. has been filed by the applicant for grant of anticipatory bail.

T h e applicant is apprehending his arrest in connection with Crime No.154/2021, registered at Police Station-Nishatpura, District-Bhopal (M.P.) for offences punishable under Sections 420, 406 and 408 of the IPC.

A s per prosecution case, on 15.02.2021, complainant-Rajkumar Dubey, Chief Security Officer, People's Hospital, Bhopal lodged the FIR against the applicant and other co-accused persons stating therein that on the complaint about selling the medicines by the officials of medical store, physical verification has been conducted by the team of Dr. Bhaskar Kumar Gupta wherein the medicine amounting to Rs.1,90,026/- were found deficit in

the stock. It is also found that expired medicines amounting to Rs.12,37,406/- were also not found in the stock.

Learned Senior counsel for the applicant submits that since inquiry for malice practice in purchase of medicine and medical equipments is still going on therefore, without conclusion of departmental inquiry, the applicant should not be held responsible for alleged crime. If the applicant is found guilty, he is liable to be punished according to University Norms. He can not be fastened with any criminal liability. In fact, the present applicant was not the person who was dealing with stores of medicines. Nothing has been gained illegally by the present applicant. Besides the above, he submits that there is no criminal past of the applicant. With the aforesaid, he prays for allowing the said application.

2 MCRC-14178-2021 On the other hand, learned P.L. for the respondent/State opposes the said application submitting that allegations levelled against the applicant are specific and therefore, he may not be released on bail.

Heard both the parties and perused the case diary. On perusal of case diary, prima facie, the allegation against the present

applicant is that he is involved in misappropriation of medicines even some expired medicines were sold to general people. Dr. Bhaskar Gupta has conducted an audit and found that the medicines amounting to Rs.14,27,432/- were found deficit on stock.

Vide order dated 18.03.2021 in M.Cr.C.No.12842/2021, prayer of bail o f co-accused Dinkar Jaiswal has been denied by this Court, however, direction in the light of Arnesh Kumar's case has been issued.

Considering the facts and circumstances of the case and specific allegation made against the applicant, 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. exist. 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 t h e same is necessary and the applicant fails to cooperate in the investigation.

(ii) That, the applicant should first be summoned to cooperate in the 3 MCRC-14178-2021

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 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.

C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

sp Digitally signed by SAVITRI PATEL Date: 2021.03.26 17:45:38 +05'30'