Salman Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 3266 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.11190/2022
            (SALMAN KHAN VS. STATE OF M.P.)

Gwalior, Dated : 08/03/2022

       Shri V.K.Sahu, learned counsel for the applicant.

       Shri P.P.S.Bajita, learned counsel for the State.

       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 10/02/2022 in connection

with Crime No.71/2020 registered at Police Station Cantt., District

Guna for offence under Section 406 of IPC.

       According to the prosecution case, the applicant was working

as a Assistant Manager in Reliance Smart Store, Guna. In audit, it

was found that various articles worth Rs.36,22,366/- were short.

       By referring to the statement of the Guards, it is submitted by

the counsel for the State that whenever, a customer leaves the store,

they collect a counter file of the receipt, but on various occasions, the

applicant and other co-accused persons were insisting/instructing

them to allow dispatch the goods on the ground that they are having

the bills with them. It is submitted that earlier the applicant was

granted protection in the light of the judgment passed by the Supreme

Court in the case of Arnesh Kumar Vs. State of Bihar & Anr.

reported in (2014) 8 SCC 273, but the applicant was arrested on the

pretext that he did not co-operate with the investigation and never
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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.11190/2022
            (SALMAN KHAN VS. STATE OF M.P.)

appeared before the Investigating Officer.

      It is submitted by the counsel for the applicant that in fact the

applicant was never contacted by the Investigating Officer and he has

been arrested from his house and he was not absconding.

      Heard the learned counsel for the parties.

      The Co-ordinate Bench of this Court by order dated

12/03/2020

passed in MCRC No.9540/2020 had disposed of the

anticipatory bail with the following observations:-

"In view of above and considering the principles laid down by the Apex Court in the case of Arnesh Kumar (Supra), this Court is inclined to direct thus:

(i) That, the police may resort to the extreme step of arrest only when the same is necessary and the applicant fail to cooperate in the investigation.

(ii) That, the applicant should first be summoned to cooperate in the investigation. If the applicant cooperate in the investigation then the occasion of his arrest should not arise.

With the aforesaid directions, the present anticipatory bail application stands disposed of."

Thus, there was no absolute bar on the arrest of the applicant

and the Investigating Officer was permitted to take extreme steps of

arrest in case, if the applicant fails to co-operate in the investigation.

It is the case of the prosecution that the applicant did not co-operate

with the investigation.

Furthermore, the applicant was working as a Assistant

Manager in Reliance Smart Store, Guna and the allegations are that

THE HIGH COURT OF MADHYA PRADESH MCRC No.11190/2022 (SALMAN KHAN VS. STATE OF M.P.)

the goods worth Rs.36,22,366/- were misappropriated by disposing

them without issuance of any receipt.

Looking to the huge quantity of the misappropriated articles,

coupled with the fact that the applicant had failed to co-operate with

the Investigating Officer, no case is made out for grant of bail.

Accordingly, the application fails and is hereby dismissed.

                                                                (G.S. Ahluwalia)
Pj'S/-                                                                Judge
         Digitally signed
         by PRINCEE
         BARAIYA
         Date: 2022.03.08
         17:27:25 -08'00'