Krishna Kumar Khare vs The State Of Madhya Pradesh
2021 Latest Caselaw 4789 MP

                                                          1                           MCRC-40590-2021
                               The High Court Of Madhya Pradesh
                                         MCRC-40590-2021
                                 (KRISHNA KUMAR KHARE AND OTHERS Vs THE STATE OF MADHYA PRADESH)


                      Jabalpur, Dated : 27-08-2021
                              Heard through Video Conferencing.

                              Shri Ankit Saxena, counsel for the applicants.
                              Shri Yogendra Das Yadav, learned Government 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.376/2018, registered at Police Station- Makroniya, District-Sagar (M.P.) for offences punishable under Sections 420 & 120-B of the IPC.

Prosecution Story, in brief, is that applicants along with other co- accused persons with an intend to cheat complainant and others insisted them to invest/took policy of their company named Skylark Land Developers and

Infrastructure India Limited and committed fraud with lots of people and issued false policy.

Learned counsel for the applicants submitted that applicants as well as complainant are agents in the company named Skylark Land Developers and Infrastructure India Limited and they were also sufferer in the matter. Applicant No.1 himself filed an FIR against the directors of the said company on the basis of which Crime No.848/2018 has been registered at Police Station-Kotwali, District-Morena, for the offences punishable under Sections 420, 294 and 506 of IPC. Applicants have not committed any offence and have falsely been implicated in the matter. Custodial interrogation of the applicants are not required, therefore, they may be released on anticipatory bail.

Signature Not SAN Verified Learned counsel for the respondent/State opposes the application and Digitally signed by APARNA TIWARI Date: 2021.08.28 12:29:09 IST 2 MCRC-40590-2021 submits that applicants along with directors of the company named Skylark Land Developers and Infrastructure India Limited committed fraud with lots of people and issued false policy against the applicants, therefore, they are not entitled for grant of anticipatory bail.

Having considered the facts and circumstances of the case, this Court

is 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 t h e same is necessary and the applicants fails to cooperate in the investigation.

(ii) That, the applicants should first be summoned to cooperate in the investigation. If the applicants cooperates in the investigation then the occasion of their arrest should not arise.

(iii) That, if the applicants-accused are arrested and they wants to file application under Section 437 of Cr.P.C. for regular bail before lower Court, then they will be produced before the lower Court without any delay.

Lower Court is also directed to consider their bail application as expeditiously as possible, preferably, on the same day.

Signature
 SAN      Not
Verified

Digitally signed by
APARNA TIWARI
Date: 2021.08.28
12:29:09 IST
                                                       3                           MCRC-40590-2021

This application is disposed of with the aforesaid directions. C.C. as per rules.

                                                                (SATYENDRA KUMAR SINGH)
                                                                         JUDGE


                      AT




Signature
 SAN      Not
Verified

Digitally signed by
APARNA TIWARI
Date: 2021.08.28
12:29:09 IST