Manjeet Singh Bhatia vs The State Of Madhya Pradesh
2022 Latest Caselaw 3841 MP

                                      1
      IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                             MCRC No. 5615 of 2022
                 (MANJEET SINGH BHATIA Vs THE STATE OF MADHYA PRADESH)

Dated : 21-03-2022
      Shri Manu Maheshwari, learned counsel for the applicant.
      Shri Kamal Kumar Tiwari, learned GA for the respondent/State.

Heard.

This is first application filed under section 438 Cr.p.C seeking anticipatory bail as the applicant apprehends his arrest in connection with crime no.181/2020 registered at police station Rau, Indore for the offence punishable under section

34(2) of the M.P Excise Act.

Learned counsel for the applicant submits that after the order dated 27.07.2021 passed in M.Cr.C No.49146/2020, the applicant was called by the Investigating Officer by issuing notice under section 41A of the Cr.P.C. In compliance of the notice, he appeared and satisfied the authorities in respect of transportation of the liquor, therefore, he was not arrested by the I.O. Now the investigation is complete and charge sheet is going to be filed before the competent Court, hence the applicant is required to appear before the trial Court. However, he is still apprehending that on his appearance he will be sent to jail because his

application under section 438 Cr.P.C has already been rejected by the trial Court.

Learned counsel for the applicant is placing reliance on the decision of the Apex Court in the case of Siddharth vs. State of Uttar Pradesh & others - Criminal Appeal No.838/2021 (arising out of SLP (Cri.) No.5442/2021) in which it is held that if during investigation the accused has not been arrested by the I.O, there is no need to arrest him and he is entitled for protection at the time of filing charge sheet.

The Apex Court in various judgments has held that if arrest of the accused is required during investigation, the I.O shall assign reasons in the case diary.

Since the applicant has not been arrested by the I.O after making enquiry from him, then there cannot be any apprehension of arrest in this case by the I.O. Now the applicant is to appear before the competent Court at the time of filing of the charge sheet along with an application for regular bail. If such an application is filed by the applicant, same may be considered by the trial Court in the light of the

judgment in the case of Siddharth (supra).

With the aforesaid observation, this application stands disposed of.

                                                               (VIVEK RUSIA)
       Digitally signed by HARI                                    JUDGE
       KUMAR C G NAIR
hk/    Date: 2022.03.24 16:45:51
       +05'30'