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Suresh Chand Vs. State of Rajasthan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtRajasthan High Court
Decided On
Case NumberS.B. Criminal Misc. Bail Application No. 2171 of 1984
Judge
Reported in1985WLN(UC)326
AppellantSuresh Chand
RespondentState of Rajasthan
DispositionApplication allowed
Excerpt:
essential commodities act, 1955 - sections 3 & 7 and criminal procedure code--section 438--anticipatory bail--offence committed under essential commodities act--held, court is empowered to grant anticipatory bail;even in cases of essential commodities act the jurisdiction of this court to grant bail under section 438 cr.pc is unaffected. it has got power to grant anticipatory bail to a person accused of essential commodities act.;bail granted. - - both raghuveer as well as suresh chand are facing the investigation for offences of having kerosene oil without licence......heard learned counsel for the petitioner and learned public prosecutor on behalf of the state. suresh chandra alias sohan lal has moved this application under section 438 cr. pc for a direction that in the event of his arrest the accused-petitioner should be released on bail in connection with f.i.r. no. 10/84 lodged at police station, salempur for offence under section 3/7 of the essential commodities act.2. according to the prosecution some kerosene oil was recovered from one raghuveer. raghuveer during interrogation by the police gave the statement that in fact the owner of this kerosene oil is suresh chand alias sohan lal. both raghuveer as well as suresh chand are facing the investigation for offences of having kerosene oil without licence. under section 3/7 of the essential.....
Judgment:

Guman Mal Lodha, J.

1. Heard learned counsel for the petitioner and learned Public Prosecutor on behalf of the State. Suresh Chandra alias Sohan Lal has moved this application under Section 438 Cr. PC for a direction that in the event of his arrest the accused-petitioner should be released on bail in connection with F.I.R. No. 10/84 lodged at Police Station, Salempur for offence under Section 3/7 of the Essential Commodities Act.

2. According to the prosecution some Kerosene oil was recovered from one Raghuveer. Raghuveer during interrogation by the police gave the statement that in fact the owner of this kerosene oil is Suresh Chand alias Sohan Lal. Both Raghuveer as well as Suresh Chand are facing the investigation for offences of having Kerosene oil without licence. Under Section 3/7 of the Essential Commodities Act read with the Rajasthan Trade Articles Licensing and Control Order, 1980.

3. This bail application was considered by the learned Single Judge and reference was made to a larger Bench. A larger Bench consisting of Mr. Justice N. M. Kasliwal and Mr. Justice S.N. Bhargava has held that even in cases of Essential Commodities Act the jurisdiction of this Court to grant bail under Section 438 Cr. PC is unaffected. It has got power to grant anticipatory bail to a person accused of Essential Commodities Act.

4. The learned counsel for the accused has submitted that there is not an iota of evidence against present accused Suresh Chand regarding the ownership or custody or possession of the Kerosene oil which was admittedly recovered from Raghuveer. It was argued that since Raghuveer is an accused, his statement simpliciter cannot be sufficient for fastening liability of Suresh Chand.

5. The learned Public Prosecutor after thorough check up of the investigation record concedes that there is no other evidence except that of the co-accused Raghuveer in this case.

6. In view of the above, in the facts and circumstances of the case, I am of opinion that it would be expedient in the interest of justice to accept this bail application and grant anticipatory bail to Suresh Chand alias Sohan Lal.

7. It is, therefore, ordered that Suresh Chand alias Sohan Lal son of Prahlad, by caste Mahajan, R/o Village Talchini, Police Station Salempur, Distt. Sawai Madhopur if apprehended should be kept on bail provided he furnishes two sureties of Rs. 10,000/- each with personal bond of Rs. 20,000/-to the satisfaction of S.H.O., Police Station Salempur, for his appearance during investigation and trial. The bail bonds and the personal bond shall contain the following conditions:

(1) the accused petitioner should make himself available for interrogation by a police officer as and when required;

(2) the accused petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.


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