Madhya Pradesh High Court
Suresh Kumar Chakrabarty vs The State Of Madhya Pradesh on 9 August, 2021
Author: Satyendra Kumar Singh
1 MCRC-37419-2021
The High Court Of Madhya Pradesh
MCRC-37419-2021
(SURESH KUMAR CHAKRABARTY AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 09-08-2021
Heard through Video Conferencing.
Shri Rajendra Gupta, counsel for the applicants.
Shri Yogendra Das Yadav, learned Govt. Advocate for the respondent/
State.
Case diary is available with learned Govt. Advocate.
With consent, heard finally.
This first application filed under Section 438 of Cr.P.C. for grant of
anticipatory bail to the applicants, as they are apprehending their arrest in
connection with Crime No.274/2021, registered at Police Station- Katangi,
District-Jabalpur (M.P.) for offences punishable under Section 294, 353, 186,
332, 506, 427 read with Section 34 of the IPC.
Prosecution Story, in brief, is that on 10/7/2021 at about 1.30 p.m. the
applicants in furtherance of their common intention abused the complainant
who is a teacher in Govt. Primary School, Kuluwa, threatened and assaulted
him.
Learned counsel for the applicants submits that there is dispute
between the applicants and complainant with regard to the way to their field
and the applicants made several complaint against the complainant for
opening of gate to various Authorities, but, no action were taken on their
complaint. The complainant has filed this complaint only on the basis of the
dispute arose between him and the applicants with regard to opening of the
gate. The applicants have falsely been implicated in the matter. Trial will take
time, hence they be released on anticipatory bail.
Learned counsel for the respondent/ State opposes the said application
and submits that the complainant is a public servant and applicants have
abused, threatened and assaulted him with an intention to encroach Govt.
Signature Not
SAN
Verified land. Complainant has received grievous injuries and the offences alleged
Digitally signed by
TULSA SINGH
Date: 2021.08.10
10:50:51 IST
2 MCRC-37419-2021
against the applicants are of serious in nature and, therefore, they may not be
released on anticipatory bail.
Having considered the facts and circumstances of the case, I am not
inclined to allow this anticipatory bail application. However, looking to the
fact that the offence involved in the case are not punishable with more than 7
years of imprisonment and Section 41(1) of Cr.P.C. provides that the
offences for which punishment prescribed is imprisonment for a term upto
s even years, the accused may be kept in custody only if the condition
enumerated in Section 41(1)(b)(ii) of Cr.P.C. exists. In Arnesh Kumar's
case [(2014) 8 SCC 273], the Hon'ble Apex Court has held as under:-
"..........the arrest effected by the police officer does
not satisfy the requirements of Section 41 of the Code,
Magistrate is duty bound not to authorise his further detention
and release the accused......".
Therefore, in view of the observations laid down in the judgment
referred above, I deem fit to direct as under :-
(i) That, the police may resort to the extreme step of arrest only when
the same is necessary and the applicant fails to cooperate in the investigation.
(ii) That, the applicant should first be summoned to cooperate in the
investigation. If the applicant cooperates in the investigation then the occasion
of their arrest should not arise.
(iii) That, if the applicant-accused is arrested and he wants to file
application under Section 437 of Cr.P.C. for regular bail before lower Court,
then he will be produced before the lower Court without any delay.
Lower Court is also directed to consider his bail application as
expeditiously as possible, preferably, on the same day.
This petition is disposed off with the aforesaid directions.
C.C. as per rules.
Signature
SAN Not (SATYENDRA KUMAR SINGH)
Verified
Digitally signed by
TULSA SINGH
Date: 2021.08.10
10:50:51 IST
3 MCRC-37419-2021
JUDGE
ts
Signature
SAN Not
Verified
Digitally signed by
TULSA SINGH
Date: 2021.08.10
10:50:51 IST
