Mahesh Sahu vs The State Of Madhya Pradesh
2022 Latest Caselaw 8480 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR

                                      BEFORE

     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA

                         ON THE 27th OF JUNE, 2022

      MISCELLANEOUS CRIMINAL CASE NO. 30776 of 2022

       Between:-

       MAHESH     SAHU    S/O    SHRI
       KALURAM SAHU, AGE 42 YEARS,
       OCCUPATION     -     MANAGER
       (GOVERNMENT      FAIR    PRICE
       SHOP), R/O VILLAGE PRANPUR,
       POST PRANPUR, POLICE THANA
       CHANDERI,             DISTRICT
       ASHOKNAGAR            (MADHYA
       PRADESH)

                                                                ........APPLICANT

       (BY SHRI RAJESH PATHAK - ADVOCATE)

       AND

       STATE OF MADHYA PRADESH
       THROUGH   POLICE  STATION
       CHANDERI,        DISTRICT
       ASHOKNAGAR       (MADHYA
       PRADESH)

                                                             ........RESPONDENT

        (BY SMT. ANJALI GYANANI - PUBLIC PROSECUTOR)
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      This application coming on for hearing this day, the Court passed
the following:
                                 ORDER

Case diary is available.

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 18.05.2022 in connection with Crime No.33/2022 registered at Police Station Chanderi, District Ashoknagar for offence under Sections 3/7 of Essential Commodities Act and Section 409, 34 of IPC.

It is submitted by the counsel for the applicant that the applicant is the Manager of the Cooperative Society. On physical verification of the fair price shop, it was found that stock register, sale register, complaint book and suggestion book were not kept in the shop. Even the stock and price list was not displayed. There was a shortage of 73.82 kg of wheat, 27.89 kg of rice, 2.88 kg of sugar and 0.13 kg of Jwar. It is submitted that the applicant is in jail from 18.05.2022. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the important information was not displayed in the shop and there was a shortage of some quantity of food grains.

Considering the shortage of stock as well as period of detention, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. AHLUWALIA) JUDGE Abhi ABHISHEK CHATURVEDI 2022.06.28 20:13:08 +05'30'