Fulvasiya Sahu Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1046443
CourtMadhya Pradesh High Court
Decided OnMar-06-2013
AppellantFulvasiya Sahu
RespondentThe State of Madhya Pradesh
Excerpt:
m.cr.c.no.2156/2013 6.3.2013 shri a.p.singh, advocate for the applicants. shri r.k.kesarwani, pl for the state. this is the firs.bail application filed by the applicants under section 438 of cr.p.c.for grant of anticipatory bail. the applicants apprehend their arrest in connection with crime no.508/2012 registered at p.s.sarai, district singrauli for the offence punishable under sections 420, 467, 468, 470, 471, 120-b of the ipc. learned counsel for the applicants submits that the applicants have been falsely implicated in the case. patta of the alleged land was granted to the applicants long back in the year 1999, thereafter after a lapse of about 13 years db power company approached the applicants for purchasing the allotted land for establishing a power plant, therefore, the applicants sold the land to the aforesaid company, thereafter an ex-parte enquiry report was submitted by the superintendent, land records before the collector and on the basis of said report the aforesaid allotment has been cancelled by the collector. being aggrieved thereby, the applicants filed revision, which is pending consideration. the dispute is of civil nature. they are illiterate senior citizens. they do not have any criminal past. they are ready to co-operate in the investigation and trial. the applicants are reputed citizen of the locality, in the event of arrest, their reputation will be tarnished, therefore, they be released on 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 anticipatory bail, therefore, without expressing any view on the merits of the case, the application 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 for a period of 60 days from today. in the meanwhile, if the applicants so desire, may apply for regular bail before the competent court, which shall be considered by that court in accordance with law. certified copy as per rules. (g.s.solanki) pb judge
Judgment:

M.Cr.C.No.2156/2013 6.3.2013 Shri A.P.Singh, Advocate for the applicants.

Shri R.K.Kesarwani, PL for the State.

This is the fiRs.bail application filed by the applicants under section 438 of Cr.P.C.for grant of anticipatory bail.

The applicants apprehend their arrest in connection with Crime No.508/2012 registered at P.S.Sarai, District Singrauli for the offence punishable under Sections 420, 467, 468, 470, 471, 120-B of the IPC.

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

Patta of the alleged land was granted to the applicants long back in the year 1999, thereafter after a lapse of about 13 years DB Power Company approached the applicants for purchasing the allotted land for establishing a Power Plant, therefore, the applicants sold the land to the aforesaid company, thereafter an ex-parte enquiry report was submitted by the Superintendent, Land Records before the Collector and on the basis of said report the aforesaid allotment has been cancelled by the Collector.

Being aggrieved thereby, the applicants filed revision, which is pending consideration.

The dispute is of civil nature.

They are illiterate senior citizens.

They do not have any criminal past.

They are ready to co-operate in the investigation and trial.

The applicants are reputed citizen of the locality, in the event of arrest, their reputation will be tarnished, therefore, they be released on 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 anticipatory bail, therefore, without expressing any view on the merits of the case, the application 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 for a period of 60 days from today.

In the meanwhile, if the applicants so desire, may apply for regular bail before the competent Court, which shall be considered by that Court in accordance with law.

Certified copy as per rules.

(G.S.Solanki) PB Judge