Case Note & Summary
The applicants, Vikrant Angolkar (an employee of M/s Jay Anand Food Industries) and Bhimashankar Khade (a commission agent), filed anticipatory bail applications under Section 438 of the Code of Criminal Procedure, 1973, in connection with Crime No. 272/2020 registered at Panvel City Police Station, District Raigad. The FIR was lodged by Santosh Motiram Patil, a circle officer, alleging offences under Sections 3, 7, 8, 9, 10 of the Essential Commodities Act, 1955 read with Sections 420, 465, 468, 470, 471, 120-B, 34 of the Indian Penal Code, 1860, Rule 13 of the Targeted Public Distribution System (Control) Order, 2015, and Section 3 of the Benami Transaction Act, 1988. The applicants had initially been granted interim protection on 2nd September 2020, but the same was vacated by the learned Sessions Judge on 15th September 2020 due to their non-cooperation in the investigation. The applicants approached the High Court seeking pre-arrest bail. The primary legal issue was whether anticipatory bail could be granted when the main offences under the Essential Commodities Act are bailable. The court noted that the offences under the Essential Commodities Act are bailable, and therefore, the custodial interrogation of the applicants was not necessary. The court also considered that the applicants had not cooperated with the investigation, but held that this did not automatically disentitle them to bail given the bailable nature of the primary offences. The court allowed the applications and granted anticipatory bail to both applicants on certain conditions, including that they shall cooperate with the investigation and appear before the investigating officer as required.
Headnote
A) Criminal Procedure Code, 1973 - Section 438 - Anticipatory Bail - Bailable Offences - Where the primary offences alleged are under the Essential Commodities Act, 1955 (Sections 3, 7, 8, 9, 10) which are bailable, the court may grant anticipatory bail even if other non-bailable offences are also alleged, as the bailable nature of the main offences is a relevant factor. (Paras 1-10) B) Essential Commodities Act, 1955 - Sections 3, 7, 8, 9, 10 - Bailable Offences - The offences under the Essential Commodities Act are bailable, and the court must consider this while deciding anticipatory bail applications. (Paras 2-10) C) Criminal Procedure Code, 1973 - Section 438 - Anticipatory Bail - Non-Cooperation in Investigation - Non-cooperation in investigation, while relevant, does not automatically disentitle an applicant to anticipatory bail if the primary offences are bailable and the applicant's custodial interrogation is not necessary. (Paras 3-10)
Issue of Consideration
Whether anticipatory bail can be granted when the primary offences under the Essential Commodities Act, 1955 are bailable, and whether non-cooperation in investigation is a ground to deny such bail.
Final Decision
Both anticipatory bail applications are allowed. Applicants are directed to be released on bail in the event of arrest on furnishing a PR bond of Rs. 25,000/- each with one or two sureties. They shall cooperate with the investigation and appear before the investigating officer as and when required.
Law Points
- Offences under Essential Commodities Act
- 1955 are bailable
- Anticipatory bail can be granted when main offences are bailable
- Non-cooperation in investigation does not automatically disentitle bail if offences are bailable
