Omprakash Mishra vs Rajendra Sankhla
2021 Latest Caselaw 1555 MP

                                                         1                           MCRC-8529-2021
                              The High Court Of Madhya Pradesh
                                        MCRC-8529-2021
                                            (OMPRAKASH MISHRA Vs RAJENDRA SANKHLA)

                      5
                      Jabalpur, Dated : 24-04-2021
                            Heard through Video Conferencing.
                            Shri Siddharth Gulatee, learned counsel for the applicant.
                            Ms. Ankita Khare, learned Panel Lawyer for the respondent/State.

This is first bail application filed on behalf of applicant/accused under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he is under

apprehension of his arrest for commission of offence punishable under Section 138 of Negotiable Instrument Act.

Counsel appearing for applicant submitted that in complaint case under Section 138 of Negotiable Instrument Act, permanent arrest warrant of applicant was issued and he was declared absconding on 26.11.2019. It is submitted by him that applicant had gone out of town for work and, therefore, he could not appear in the matter. He was not having knowledge of the dates. It is submitted that he will co-operate in trial and he will appear before trial Court on each and every date. On these grounds, he made a

prayer for grant of anticipatory bail.

Counsel appearing for State opposed the application for grant of anticipatory bail. It is submitted by her that application for anticipatory bail filed by applicant is not maintainable in view of judgment of Apex Court in matter of State of M.P. Vs. Pradeep Sharma, reported in 2014 (2) SCC

171. On these grounds, she made a prayer for dismissal of this application for grant of anticipatory bail.

Heard the counsel appearing for applicant as well as non-applicant. Considering the facts of the case that as applicant has been declared absconding by the trial Court, therefore, anticipatory bail cannot be granted to the applicant. However, applicant is free to move an application for

Signature Not cancellation of warrant approaching the trial Court and appear there SAN Verified

Digitally signed by SUNIL KUMAR PATEL Date: 2021.04.26 13:55:13 IST 2 MCRC-8529-2021 personally. Said application shall be considered by trial Court on its own merits.

With the aforesaid liberty, bail application filed by applicant is dismissed.

(VISHAL DHAGAT) JUDGE

sp/-

Signature
 SAN      Not
Verified

Digitally signed by
SUNIL KUMAR
PATEL
Date: 2021.04.26
13:55:13 IST