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2014 DIGILAW 418 (CHH)

Palturam Jangde v. State of C. G.

2014-11-24

MANINDRA MOHAN SHRIVASTAVA

body2014
ORDER Manindra Mohan Shrivastava, J. 1. Heard. The applicant has been arrested in connection with Crime No. 22/14, registered in Police Station - Lalbag, District - Rajnandgaon, for the offence punishable under Section 409 of the IPC and Sections 3 & 7 of the Essential Commodities Act. 2. Case of the prosecution, in brief, is that upon inspection in a Fair Price Shop, rice, wheat, sugar and kerosene oil was found short upon comparison with the stock register. Total valuation of the shortfall was found to be approximately Rs. 2 lakh. 3. Learned counsel for the applicant submits that the applicant has no committed the offence. The applicant was running the shop out when he fell sick, he handed over the shop temporary to one Mohit and while Mohit was running the shop, the stock was inspected and certain shortages were found. It is submitted that the applicant is in jail since 22.8.2014, investigation is complete and charge sheet has also been filed and he is not likely to abscond. 4. On the other hand, learned counsel for the State has opposed the bail application. He submits that the 45.65 Qtl. of rice, 13.36 Qtl. of wheat, 1.06 Qtl. of Sugar and 885 liters of kerosene oil were found short upon stock verification and as the shop was allotted in the name of Sarpanch, the applicant is responsible for this shortage. 5. Taking into consideration the submissions made by learned counsel for the parties, particularly taking into consideration that even according to the prosecution, the shop was being run for certain period by another co-accused and taking into consideration the valuation of the shortfall, the applicant being in jail since 22.8.2014, investigation is complete, charge sheet has been filed, I am inclined to allow the application. 6. Accordingly, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one local surety of the like amount to the satisfaction of the concerned trial Court. He shall appear before the Court below on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.