Rameshwar Sahu vs Smt.Lakshmaniya Bai
2021 Latest Caselaw 1225 MP

                                                                     1                           MCRC-16911-2021
                                           The High Court Of Madhya Pradesh
                                                     MCRC-16911-2021
                                                  (RAMESHWAR SAHU Vs SMT.LAKSHMANIYA BAI AND OTHERS)


                                    Jabalpur, Dated : 01-04-2021

                                         Shri Rama Shankar Yadav, learned counsel for the applicant.

                                         Shri Palash Upadhyay, learned Panel Lawyer for the
                                    respondent/State.

Heard.

The applicant has filed this first bail application under Section

438 of the Code of Criminal Procedure apprehending his arrest in connection with Complaint Case No.RCT/327/2019 pending before the Judicial Magistrate First Class, Chourai, District-Chhindwara, for the offence punishable under Sections 420, 467, 468, 471, 474, 120- B of the Indian Penal Code and Sections 81 and 82 of the Registration Act, 1908.

Learned counsel for the applicant submits that for the same transaction, FIR had been lodged by the sister of the non-applicant and

after trial, judgment has been passed by the trial Court, in which the present applicant along with other co-accused persons, has been convicted. He has filed the judgment dated 07.05.2015. He further submits that thereafter, the sister of the non-applicant in the criminal case in which the present applicant has been convicted, filed a complaint and offence has been registered for the same transaction i.e. dated 08.03.2010 on which the sale-deed had been executed and which has been said to be a fraudulent act on the part of the present applicant. He submits that once a case has been tried in which the applicant has been convicted, therefore, for the same cause of action,

Signature Not Verified SAN no case can be registered against him. On these submissions, he prays

Digitally signed by PRACHI PANDEY Date: 2021.04.01 17:32:57 IST 2 MCRC-16911-2021 that the applicant may be granted the benefit of anticipatory bail.

On the other hand, learned Panel Lawyer has opposed the bail application.

Considering the aforesaid, without commenting anything on the merits of the case, I am inclined to consider and allow this bail

application. Accordingly, the same is allowed.

It is directed that in the event of arrest, the applicant be released on bail upon his furnishing a bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of Station House Officer/Arresting Officer of the Police Station concerned.

The applicant shall abide by the conditions enumerated under Section 438 (2) of the Code of Criminal Procedure.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE Prachi

Signature Not Verified SAN

Digitally signed by PRACHI PANDEY Date: 2021.04.01 17:32:57 IST