RAMCHANDRA Vs. STATE OF M P

JUDGEMENT

(1.) APPLICANT is arrested for the offences under sections 212 and 216 IPC and sections 11 and 13 of the Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 (hereinafter, referred to as the Adhiniyam). Preliminary objection is raised by the counsel for the State that under section 5(2) of the Adhiniyam, if objection is raised by the State then the applicant is not eligible for grant of bail. On this ground alone, trial Court has rejected the bail application.

(2.) COUNSEL for the applicant submitted that to attract the provisions of the Adhiniyam, act or acts constituting the offence mentioned in the schedule of the Adhiniyam must have nexus with commission of the dacoity and this nexus must exist at the time when the act or acts are committed for constituting the "specified offence". In support of his contention, counsel for the applicant has placed reliance upon Full Bench Judgment of this Court in the case of Gulabchand Kannoolal v. State of M.P. and ors. [1982 JLJ 170 = 1982 MPLJ 7].

(3.) SECTION 2(f) of the Adhiniyam relates to specified offence. Specified offences are the offences specified in the schedule committed in relation to the area declared under section 3 if the offence forming part or arising out of / or connected with the commission of dacoity or kidnapping punishable under sections 302,303,304,307,308,325,326,327 and 329 IPC. Clause (v) of the schedule under section 2(f) of the Adhiniyam relates to supply of food materials, clothings, means of communications, transport and other articles to the persons assembled before or after the commission of dacoity or preparing to commit dacoity. Counsel for the applicant submitted that the offences punishable under sections 212 and 216 IPC cannot be in any way connected with the offences punishable under the Adhiniyam. Applicant does not fall in the definition of the dacoit under section 2(b) of the Adniniyam.' 'Specified offences" under section 2(f) should be accepted in the same sense in which it is defined in "Section 2(f). Reading both these sections together it is clear that person committing the offences mentioned in the schedule will not fall within the definition of dacoit unless it is an offence under section 395 IPC or forming part or arising out of or connected with commission of the dacoity. Counsel for the applicant submitted that none of the ingredients is reflected in the case diary, therefore, provisions of the Adhiniyam are not applicable to the instant case.