1. This is an application for grant of bail. The applicant has been arrested on 8.9.1950, for an alleged offence under Sections 6 and 7 read with Section 3, Essential Supplies (Temporary Powers) Act (Act No xxiv of 1946). His application to the Sub-Divisional Magistrate, Sehore was rejected while his application to the Additional Sessions Judge, Sehore is still pending as the learned Additional Sessions Judge found himself helpless to proceed with it in the absence of all the papers connected with the case. Not being sure bow long his application might be pending in that Court, the applicant has now moved this Court for grant of bail.
2. It is necessary to state the facts in brief. They were not clear from the Case Diary or the papers that were submitted but were stated by the learned Government Advocate before me. It appears that one Toufiq Jahan Begum was a holder of a licence for dealing in cloth at Bhopal on behalf of her minor son, Sarwatali Khan. Under this licence she was given a quota of cloth for disposal. She secured ten bales of cloth as a part of the quota and it was alleged that on or about 8th August 1950 an attempt was made to transport it, to Madhya Bharat, She transferred the bales to One Gowardhandass who in his turn got it deposited with the Bhopal Bank at Sehore by way of security for the amount which he had obtained.
3. The present applicant was alleged to have abetted the offence of transport from Bhopal town to Sehore by getting the cloth loader in a truck. It is also said that it was he who had brought about the transaction between Toufiq Jahas Begum and Gowardhandass Though the exact provisions of the law which are said to have been contravened do not appear clear from the Case Diary, still the learned Government Advocate abated that the contravention lay in the fact of the transport of the cloth from Bhopal town to Sehore. Curiously enough, the conditions of the licence, held by Toufiq Jahan Begum, arc not found stated in the Case Diary or the licence itself is not seized by the Police. It is, however, not; said that the conditions were, in any way, different from those obtained in the form No. 11.
4. From these facts the blemish against the applicant is in his alleged abetment of the transport of the cloth from Bhopal town to Sehore and in bringing about the transaction between Toufiq Jahan Begum and Goardhandass. To put it in a not shell, therefore, the offence is under Sections 6 and 7 read with Section 3, Essential Supplies (Temporary Powers) Act (Act xxiv of 1946).
5. In the application for bail it is urged that all the other accused are released on bail; that the offence is not of such a serious nature as to justify rejection of grant of bail; that the applicant is a man of status and that there was no possibility of his tampering with the witnesses for the prosecution or of his absconding. These allegations are not controverter by the learned Government Advocate.
6. The point for determination, therefore, is whether the applicant should be enlarged on bail, The principles on which an application for bail, either under Section 497 or 498, Criminal Procedure Code, should be granted, are stated by me in my order in Misc. cr. case No. 104 of 1950-51, passed only yesterday. As I have observed the seriousness of an offence can be estimated by the punishment awardable and the manner in which the offence may be tried. It is not said that there is a likelihood of the applicant's absconding nor is it Said that he is likely to tamper with the witnesses for the prosecution. The main accused are admittedly enlarged on bail. In the circumstances, in view of the principles laid down in my previous order ibid I do not see any reason to refuse bail to the present applicant.
7. It is, therefore, ordered that the applicant Mirza Ishak Ali Beg be released on bail to appear in person at all hearings in the criminal case against him in the trial Court on his furnishing a bond for Rs. 50,000 together with two sureties in similar amount solvent to the satisfaction of the Registrar of this Court.