Kodulal Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1046421
CourtMadhya Pradesh High Court
Decided OnMar-06-2013
AppellantKodulal
RespondentThe State of Madhya Pradesh
Excerpt:
m.cr.c.no.2558/2013 6.3.2013 shri sharad verma, advocate for the applicants. shri pushpraj singh, pl for the state. admit. issue notice of this admission to respondent no.2. steps be taken within 7 days by rad and ordinary modes. heard on i.a.no.4712/2013, an application for grant of ad-interim anticipatory bail. the applicants apprehend their arrest in connection with crime no.296/2012 registered at p.s.kurai, district seoni for the offence punishable under sections 409, 420, 467, 468, 120-b/ 34 of the ipc. learned counsel for the applicants submits that the applicants have been falsely implicated in the case. the case arose out of a private complaint made by respondent no.2. sdo, lakhnadon dropped the proceedings under section 40 of the m.p.panchayat raj adhiniyam against the applicants and passed the order in their favour, however, on the similar facts, private complaint has been filed by complainant against the applicants and the learned magistrate directed under section 156(3) of the cr.p.c.to register the case against the applicants, therefore, the applicants are apprehending their arrest. the applicants have no criminal past. they are reputed citizen of the locality, in the event of arrest, their reputation will be tarnished, therefore, they be released on ad-interim anticipatory bail. learned counsel for state has opposed the application. on due consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case, i am of the considered view that it is a fit case to release the applicants on ad-interim anticipatory bail, therefore, without expressing any view on the merits of the case, i.a.no.4712/2013 is allowed and it is directed that in the event of arrest, the applicants shall be released on bail on their furnishing a personal bond in a sum of rs.25,000/- (rs.twenty five thousand only) each with one surety in the like amount to the satisfaction of the the arresting officer. the applicants are directed to join the investigation and fully co-operate with the investigating agency. they 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 the disposal of main application under section 438 of the cr.p.c.list in the week commencing 25.3.2013. certified copy as per rules. (g.s.solanki) pb judge
Judgment:

M.Cr.C.No.2558/2013 6.3.2013 Shri Sharad Verma, Advocate for the applicants.

Shri Pushpraj Singh, PL for the State.

Admit.

Issue notice of this admission to respondent No.2.

Steps be taken within 7 days by RAD and ordinary modes.

Heard on I.A.No.4712/2013, an application for grant of ad-interim anticipatory bail.

The applicants apprehend their arrest in connection with Crime No.296/2012 registered at P.S.Kurai, District Seoni for the offence punishable under Sections 409, 420, 467, 468, 120-B/ 34 of the IPC.

Learned counsel for the applicants submits that the applicants have been falsely implicated in the case.

The case arose out of a private complaint made by respondent No.2.

SDO, Lakhnadon dropped the proceedings under Section 40 of the M.P.Panchayat Raj Adhiniyam against the applicants and passed the order in their favour, however, on the similar facts, private complaint has been filed by complainant against the applicants and the learned Magistrate directed under Section 156(3) of the Cr.P.C.to register the case against the applicants, therefore, the applicants are apprehending their arrest.

The applicants have no criminal past.

They are reputed citizen of the locality, in the event of arrest, their reputation will be tarnished, therefore, they be released on ad-interim anticipatory bail.

Learned counsel for State has opposed the application.

On due consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicants on ad-interim anticipatory bail, therefore, without expressing any view on the merits of the case, I.A.No.4712/2013 is allowed and it is directed that in the event of arrest, the applicants shall be released on bail on their furnishing a personal bond in a sum of Rs.25,000/- (Rs.Twenty Five Thousand only) each with one surety in the like amount to the satisfaction of the the arresting officer.

The applicants are directed to join the investigation and fully co-operate with the investigating agency.

They 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 the disposal of main application under Section 438 of the Cr.P.C.List in the week commencing 25.3.2013.

Certified copy as per rules.

(G.S.Solanki) PB Judge