Madhya Pradesh High Court
Raja Singh vs The State Of Madhya Pradesh on 4 October, 2024
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
NEUTRAL CITATION NO. 2024:MPHC-JBP:50712
1 MCRC-41608-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 4 th OF OCTOBER, 2024
MISC. CRIMINAL CASE No. 41608 of 2024
RAJA SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Shishir Verma - Advocate for the applicant.
Ms. Preeti Singh - Panel Lawyer for the State.
ORDER
This is first application filed by the applicant under Section 438 of
Cr.P.C./Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of
anticipatory bail relating to FIR/Crime No. 219/2024 registered at Police Station
Patan, District Jabalpur for the offence punishable under Section 34(2) of M.P.
Excise Act, 1915.
2. The counsel for the applicant submits that the offence alleged to have
been committed by the applicant is punishable upto 3 years, therefore, in the light
of judgment of Apex Court in Arnesh Kumar v. State of Bihar and another [2014
(8) SCC 273], the applicant deserves to be enlarged on anticipatory bail. It is
further submitted that the applicant is ready to cooperate in the investigation and
trial.
3. The counsel for the State has opposed the application and submitted that
looking to the seriousness of the offence, the applicant is not entitled to be
enlarged on anticipatory bail in view of the law laid down by the Apex Court in
Arnesh Kumar (supra).
4. Heard learned counsel for the parties and perused the case diary.
NEUTRAL CITATION NO. 2024:MPHC-JBP:50712
2 MCRC-41608-2024
5. The maximum sentence for the alleged offence, is up to three years. The
Apex Court in the case of Arnesh Kumar vs. State of Bihar and Another reported
in 2014 (8) SCC 273, have issued directions to the police authorities not to make
unnecessary arrest in the offences where offences were punishable with
imprisonment for a term which may be less than seven years or which may extend
upto seven years whether with or without fine. The Coordinate Bench of this Court
in the matter of Zarina Begum vs. State of M.P. through P.S. E.O.W. passed in
M.Cr.C. No.30933/2020 dated 13.05.2021 had passed a detailed order, wherein
apart from the judgment of Arnesh Kumar (supra) other judgments and the case
laws as developed as on date on this issue have been discussed.
6. Thus, in the light of the observations made by the Apex Court in the case
of Arnesh Kumar (supra) , without expressing any view on the merit of the case,
the present application stands disposed of with the following directions:-
i) As per the undertaking given by the applicant, he shall cooperate in the
investigation as well as during trial.
ii) The police/trial Court concerned may resort to the extreme step of arrest
only when the same is necessary and if the applicant fails to cooperate in the
investigation or during trial, the police/trial Court concerned shall be at liberty to
arrest the applicant and in such eventuality, this order shall not come in his way.
(MANINDER S. BHATTI)
JUDGE
PB
