Shyam Nawab vs State Of Madhya Pradesh

This first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail has been filed by the applicant, who is apprehending his / her arrest in connection with Crime No.360/2019 registered at Police Station Makshi, District Shajapur (MP) for offence punishable under Section 3 read with Section 7 of the Essential Commodities Act, 1955.

As per prosecution case, on 16.11.2019, Investigating Team of Additional Collector, Shajapur, investigated factory premises of M/s. Balaji Dairy Product situated in Industrial Area Makshi, District Shajapur (MP). During investigation, it was found that six domestic gas cylinder of 14.2 kilograms were being used for commercial purpose. Hence, the present case for commission of offence under Section 3 read with Section 7 of the Essential Commodities Act, 1955 has been registered against the present applicant and other co-accused person Laxmichand Dethaliya s/o Devilal Dethaliya.

Learned counsel for the applicant has submitted that the applicant is an old man aged about 61 years. It is further submitted that during inspection conducted by Additional Collector, Shajapur, the Inspection Team has found that six domestic gas cylinder of 14.2 kilograms were being used for commercial purpose; and on the basis of which, offence under Section 3 read with Section 7 of the Essential Commodities Act, 1955 has been registered against the present applicant. He is suffering from cancer and supposed to take chemotherapy every month. At present, he is in Mumbai in relation to his medical treatment. The applicant is a permanent resident of District Shajapur (MP). He is ready to cooperate with the investigation and there is no possibility of his absconsion or tampering with the evidence, if enlarged on anticipatory bail. Under these circumstance, learned counsel for the applicant prays for grant of anticipatory bail to the applicant.

On the other hand, learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the application and prays for rejection of the anticipatory bail application.

Considering the facts and circumstances of the case, but without commenting anything on the merits of the matter, I deem it proper to grant anticipatory bail to the applicant.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicant Shyam Nawab s/o Late Sidhnath Nawab shall be released on bail, upon his / her executing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make himself / herself available for interrogation by a Police Officer, as and when required. He / she shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

Accordingly, Miscellaneous Criminal Case No.51245/2019 stands allowed.