Dismissed

Ram Singh v. State of Mp

Madhya Pradesh HC18 Jun 2021MCRC/29780/2021

Case brief

AI extract

What is this about?

The High Court dismissed an application for anticipatory bail filed before CrPC Section 438 concerning alleged illegal mining offenses. The court held that the deposit of penalty does not negate criminal liability, especially given the rising incidence of illegal mining and violence against officials.

What did the court decide?

Application under Section 438 CrPC for grant of anticipatory bail is dismissed.

Ram Singh Vs State of Mp — Anticipatory Bail | Madhya Pradesh HC (2021)

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1 THE HIGH COURT OF MADHYA PRADESH MCRC-29780-2021

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(RAM SINGH Vs STATE OF MP)

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Through video conferencing

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Gwalior, dated: 18.06.2021

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Shri Ashish Singh Jadon, Counsel for the applicant. Shri B.P.S. Chauhan, Counsel for the State. Case diary is available.

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This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

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The applicant apprehends his arrest in connection with Crime No.1182/2020 registered at Police Station Cantt. Distt. Guna for offence under Sections 379, 414 of IPC and Section 4-A/21 (1) of Mines and Minerals Act, 1957 and 247/7 of MPLRC and 3/1 of Prevention of Damage to Public Property Act.

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It is submitted by the Counsel for the applicant that applicant is the owner of the tractor trolley which was found transporting illegally excavated sand in an illegal manner. It is further submitted that as per Rules, the applicant has deposited the penalty of Rs. 10,000/- (Annexure A-2). It is further submitted that there is no likelihood of his absconding or tempering with prosecution case.

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Per contra, the application is opposed by the Counsel for the State. It is submitted that illegal mining is increasing day by day and recently in an another case, Sub-Divisional Officer Forest was

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THE HIGH COURT OF MADHYA PRADESH MCRC-29780-2021

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(RAM SINGH Vs STATE OF MP)

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attacked by villagers when She was trying to stop illegal transportation of sand.

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Heard learned counsel for the parties.

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The Supreme Court in case of Jayant Vs. State of MP by order dated 03.12.2020 passed in Criminal Appeal No. 824-825 of 2020 and this Court in the case of Banti vs. State of MP by order dated 05/10/2020 passed in MCRC No. 37312 of 2020 have held that mere deposit of penalty would not absolve the wrongdoers from their criminal liability.

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The incident of illegal mining are increasing day by day and wrongdoers are not hesitating even in attacking the forest officials. Some years ago even an IPS officer was killed by running over the tractor.

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Under these circumstances, no case is made out for grant of anticipatory bail.

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The application fails and is hereby dismissed.

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Aman

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Aman Tiwari 2021.06.21 11:14:44 +05'30'

Ram Singh v. State of Mp

Case brief

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Ram Singh v. State of Mp

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