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Mustakeem vs State Of Haryana on 16 August, 2017


CRM No.M-6716 of 2017 (OM)
Date of Decision: August 16, 2017



The State of Haryana


Present: Mr.Gautum Dutt, Advocate
for the petitioner.

Mr.D.R.Singla, Deputy Advocate General, Haryana
for the respondent-State.



Petitioner has filed this petition under Section 438 Cr.P.C. for

grant of anticipatory bail in case FIR No.41 dated 01.02.2017 under Section

7 of the Essential Commodities Act, 1955 and Section 406 IPC, registered at

Police Station Hathin, District Palwal.

Notice of motion was issued. Learned State counsel appeared

and contested the petition.

I have heard learned counsel for the petitioner as well as

learned State counsel and have gone through the record.

As per the prosecution version, on the checking of ration card

and tallying of Shell Register and Stock Register, it has been found that

entries have not been made by the Depot holder Mustkeem and entry has

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CRM No.M-6716 of 2017 -2-

been shown in Shell Register but no signatures of anyone are available and

only thumb impressions have been affixed. 10 B.P.L. Cards and 6 A.A.Y.

Cards were taken into custody. It is the allegation that in the Stock

Register, which has been shown, the stock for 11/2016 and 12/2016 is NIL

and has not been distributed amongst the poor.

The petitioner has already joined the investigation. He is not

required for custodial interrogation. The trial of the case will take long

time. No useful purpose will be served by sending the petitioner to custody.

Keeping in view the facts and circumstances of the case and

without discussing the facts of the case in minute details and without

expressing any opinion on the merits of the case, I find it a fit case, where

the petitioner is entitled to benefit of grant of anticipatory bail. Therefore,

the present petition is accepted and the order dated 01.03.2017 granting

interim bail to petitioner, is made absolute.

August 16, 2017 (INDERJIT SINGH)
Vgulati JUDGE

Whether speaking/reasoned Yes
Whether reportable No

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