Single judge of Allahabad HC rejected anticipatory bail application under Section 438 CrPC in an Essential Commodities Act case. Court ruled offence is non-bailable due to maximum punishment and rejected bail as not a fit case.
Rejected the application for anticipatory bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/ S 438 CR.P.C. No. - 12487 of 2022 Applicant :- Ranjeet Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
“18. The judgment in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 10698 of 2021 vide order dated 10.11.2021 (Rajeev Kumar vs. State of U.P.) is per incuriam and has been passed oversighting the clear and unambiguous statutory provisions.”
“9. To clarify further it may be noted that by the Essential Commodities (Special Provisions) Act, 1981 word 'bailable' was substituted by the word 'non-bailable' that is the offences became non-bailable by coming into force of 1981 Act, however, before the amendment of 1981 came into operation, Section 10-A had no application as it did not say whether the offence shall be treated as bailable or non-bailable. To summarize before coming into effect of 1974 Act, the offences were bailable and after coming into force of 1974 Act, Section 10-A remained silent on the question of bailability/non-bailability of the offence till the Act of 1981 came into force. Subsequently, because of lapse of ordinance, the position as existing just before the promulgation of Essential Commodities (Special Provisions) Act, 1981 was revived i.e., Section 10-A did not say whether the offence is treated as bailable or nonbailable by virtue of 1974 Act till coming into effect of 1981 Act.
"Offences to be cognizable and bailable--Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), every offence punishable under this Act shall be cognizable and bailable."
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Commodities Act, 1955 committed after 08.07.1998, the question of bailability and non-bailability shall depend upon the terms of maximum punishment imposable in the light of Schedule-I Part 2 of the Cr.P.C.
Order Date :- 17.1.2023 #Vikram/-Saif
3
Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad
3 issues framed by the court
Whether offences under Sections 3/7 of the Essential Commodities Act, 1955 concerning oil diversion/hawking are bailable or non-bailable.
Whether the anticipatory bail application is maintainable.
Whether the case satisfies the requirements for grant of anticipatory bail.
Colour shows how this judgement treated each authority
Rajeev Kumar vs. State of U.P.Followed¶9
Rajeev Kumar vs. State of U.P.; Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 10698 of 2021 vide order dated 10.11.2021
Dinesh Kumar Dubey vs. State of M.P.Followed¶9
Dinesh Kumar Dubey vs. State of M.P.; 2001 (1) M.P.H.T. 213
Smt. Shakila Vs. State of U.P. and AnotherReferred¶10
Smt. Shakila Vs. State of U.P. and Another, Application under Section 482 No.44486 of 2012
3 provisions across 2 enactments
Ranjeet
Jyotsna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
