Rahul Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 6011 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.20293/2022
            (RAHUL GURJAR VS. STATE OF M.P.)

Gwalior, Dated : 23/04/2022

      Shri Vivek Vyas, learned counsel for the applicant.

      Shri Rohit Mishra, learned counsel for the State.

      Case diary is available.

      This first application under Section 438 of Cr.P.C. has been

filed for grant of anticipatory bail.

      The applicant apprehends his arrest in connection with Crime

No.510/2021 registered at Police Station Civil Lines, District Vidisha

for offence under Sections 379 and 414 of IPC.

      It is submitted by the counsel for the applicant that according

to the prosecution case, the applicant was Driver of the tractor, in

which illegally excavated sand was being transported in an illegal

manner. The offence was committed on 23/10/2020, but the applicant

was not arrested. The order of penalty was passed by the competent

authority and now the police wants to arrest him.

      Per contra, the application is opposed by the counsel for the

respondent/State. It is submitted that earlier the State Government

was of the view that once the penalty order is passed, then the wrong

doer would stand absolved from its criminal liability, but thereafter

all such cases were reopened and investigation is being done.

Although, an order of penalty was issued against the owner of the

tractor, but the penalty amount has not been deposited. It is further

THE HIGH COURT OF MADHYA PRADESH MCRC No.20293/2022 (RAHUL GURJAR VS. STATE OF M.P.)

submitted that office of the Collector by letter dated 17/05/2021 has

specifically mentioned that in the light of the judgment dated

11/05/2020 passed by the Indore Bench of this Court in M.Cr.C

No.49338/2019 and the Supreme Court in the case of Jayant Etc. Vs.

The State of M.P. passed on 03/12/2020 in CRA Nos. 824-825 of

2020, the FIR be registered.

Considering the totality of the facts and circumstances of the

case, this Court is of the considered opinion that no case is made out

for grant of anticipatory bail.

Accordingly, the application fails and is hereby dismissed.

                                                                   (G.S. Ahluwalia)
Abhi                                                                     Judge
        ABHISHEK
        CHATURVEDI
        2022.04.25
        11:28:27 +05'30'