Deepak Mahajan Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1045666
CourtMadhya Pradesh High Court
Decided OnMar-18-2013
AppellantDeepak Mahajan
RespondentThe State of Madhya Pradesh
Excerpt:
m.cr.c.no.2958/2013 18.3.2013 shri s.s.chauhan, counsel for the applicant(s).shri r.k.kesharwani, pl for the state. heard. admit. call for the case diary. ia no.5488/2013, an application under section 438 of cr.p.c.for grant of ad-interim anticipatory bail, considered. the applicant apprehends his arrest in connection with crime no.350/98 registered at p.s.junnardeo, district chhindwara for the offences punishable under sections 420, 406 of ipc. learned counsel for the applicant submits that applicant has been falsely implicated in the case. he was the director of mahakoushal plantation ltd.he resigned from the aforesaid post long back on 12.11.1997. documents b and c have been filed in this regard. applicant is ready to co-operate in the investigation. in the event of arrest, his reputation would be tarnished, therefore, he prays from grant of ad-interim anticipatory bail. learned counsel for the state opposes the application. keeping in view the submissions made by learned counsel for the parties and the facts and circumstances of the case, without expressing any opinion on the merits of the case, i am of the view that the applicant has a good case for grant of bail of anticipatory nature. consequently, this application under section 438 of cr.p.c.is hereby allowed till disposal of the petition. it is directed that in the event of arrest, present applicant shall be released on bail on furnishing a personal bond in the sum of rs.40,000/- (rupees forty thousand) with a solvent surety of the like amount to the satisfaction of the arresting authority. the applicant shall make himself available for interrogation by a police officer as and when required. he shall further abide by the other conditions enumerated in sub-section (2) of section 438 of cr.p.c.this order shall remain in force till disposal of the anticipatory bail application under section 438, cr.p.c.list the case along with case diary for final hearing in the second week of april, 2013. c.c.as per rules. (g.s.solanki) judge ravi
Judgment:

M.Cr.C.No.2958/2013 18.3.2013 Shri S.S.Chauhan, counsel for the applicant(s).Shri R.K.Kesharwani, PL for the State.

Heard.

Admit.

Call for the case diary.

IA No.5488/2013, an application under Section 438 of Cr.P.C.for grant of ad-interim anticipatory bail, considered.

The applicant apprehends his arrest in connection with Crime No.350/98 registered at P.S.Junnardeo, District Chhindwara for the offences punishable under Sections 420, 406 of IPC.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case.

He was the Director of Mahakoushal Plantation LTD.He resigned from the aforesaid post long back on 12.11.1997.

Documents B and C have been filed in this regard.

Applicant is ready to co-operate in the investigation.

In the event of arrest, his reputation would be tarnished, therefore, he prays from grant of ad-interim anticipatory bail.

Learned counsel for the State opposes the application.

Keeping in view the submissions made by learned counsel for the parties and the facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that the applicant has a good case for grant of bail of anticipatory nature.

Consequently, this application under Section 438 of Cr.P.C.is hereby allowed till disposal of the petition.

It is directed that in the event of arrest, present applicant shall be released on bail on furnishing a personal bond in the sum of Rs.40,000/- (Rupees forty thousand) with a solvent surety of the like amount to the satisfaction of the Arresting Authority.

The applicant shall make himself available for interrogation by a police officer as and when required.

He shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.This order shall remain in force till disposal of the anticipatory bail application under Section 438, Cr.P.C.List the case along with case diary for final hearing in the second week of April, 2013.

C.C.as per rules.

(G.S.Solanki) JUDGE ravi