Sharad Jain vs The State Of Madhya Pradesh
2021 Latest Caselaw 9189 MP

                                                                   1                            MCRC-63672-2021
                                          The High Court Of Madhya Pradesh
                                                  MCRC No. 63672 of 2021
                                              (SHARAD JAIN AND OTHERS Vs THE STATE OF MADHYA PRADESH)


                                Indore, Dated : 30-12-2021
                                      Shri M.A.Mansoori, learned counsel for the applicants.

                                      Ms. Mamta Shandilya, learned Panel Lawyer for the respondent/State.

T his is applicants first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as they are apprehending their arrest in connection with Crime No.04/2021 registered at Police Station

Nagda, District Ujjain (MP) for offence punishable under Section 339-C of M.P. Municipalities Act.

The allegation against the applicants is that they have not obtained the requisite license for developing the colony.

Counsel for the applicants has submitted that the applicants have already co-operated during the course of investigation and chargesheet has been filed on 21.12.2021, as such custodial interrogation of the applicants is not required. Counsel has placed reliance upon the judgment of apex Court in the matter of Siddharth Vs. State of U.P. (Cr.Appeal No. 838/2021 decided

on 16.8.2021) which has been considered by this Court in the matter of Navalsingh Jamod Vs. State of M.P. in M.Cr.C.No. 41546/2021. In such circumstances,the applicants may be granted the benefit of anticipatory bail.

Counsel for the respondent/State, on the other hand, has opposed the prayer.

Having considered the judgment rendered by apex court coupled with the fact that custodial interrogation of the applicants is not required, this Court is of the considered opinion that the applicants have made out a case for grant of anticipatory bail.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicants shall be released on bail, upon their executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) each and furnishing solvent surety each in the like amount to the satisfaction of the Signature Not Verified SAN

Digitally signed by SMT MUKTA KOUSHAL Date: 2021.12.30 17:41:45 IST 2 MCRC-63672-2021 Arresting Officer (Investigating Officer).

The applicants shall make themselves available for interrogation by a Police Officer, as and when required. Applicants shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

Certified copy as per rules.

(SUBODH ABHYANKAR) V. JUDGE

MK

Signature Not Verified SAN

Digitally signed by SMT MUKTA KOUSHAL Date: 2021.12.30 17:41:45 IST