Madhya Pradesh High Court
Smt. Anita Sahu vs The State Of Madhya Pradesh on 4 June, 2021
Author: Rajendra Kumar Srivastava
1 MCRC-21728-2021
The High Court Of Madhya Pradesh
MCRC-21728-2021
(SMT. ANITA SAHU Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 04-06-2021
Heard through Video Conferencing.
Shri B.K. Shukla, learned counsel for the applicant.
Shri Puneet Shroti, learned P.L. for the respondent/State.
This first bail application under Section 438 of Cr.P.C. has been filed
by the applicant for grant of anticipatory bail. The applicant is apprehending
his arrest in connection with Crime No.133/2021, registered at Police Station-
Bina, District-Sagar (M.P.) for offences punishable under Section 420 of the
IPC and Section 399(ga) of Nagar Palika Adhiniyam.
As per prosecution case, Inspector, Municipal Council Bina lodged a
report against the applicant-accused for illegal colonization of the land bearing
Khasra No.500/3 area 0.607 hectares situated at village Itawa, Tahsil Bina.
Learned counsel for the applicant submits that no offence under
Section 420 of IPC is made out against the applicant as he neither cheated
anyone, nor assured anyone to develop the colony. There is no cogent or
plausible material available against the present applicant. On account of need
of money, the applicant has sold the part of land to the person who was very
well aware with the fact that the land was not diverted and was agricultural
land. No complaint has been filed by any person who purchased the land
from the applicant. By way of filing an affidavit, the applicant contended that
neither he advertised for developing the colony nor raised any construction
on the said land. Besides the above, he argued that the applicant has no
criminal past. The principle of Arnesh Kumar's case are also applicable to
the case of applicant. Learned counsel has also produced the copy of order
dated 26.02.2021 in M.Cr.C.No.7800/2021 (Imran V. State of M.P.) passed
by Coordinate Bench of this Court.
Signature Not Verified
SAN
On the other hand, learned P.L. for the respondent/State opposes the
Digitally signed by REENA HIMANSHU
SHARMA
Date: 2021.06.04 17:34:20 IST
2 MCRC-21728-2021
said application submitting that allegations levelled against the applicant are
specific and therefore, he may not be released on bail.
Heard both the parties and perused the case diary.
On perusal of case diary, prima facie, the allegation against the
present applicant is that he was developing the illegal colony on the
agricultural land without obtaining statutory permission under the law made in
this regard.
Learned counsel raised the ground of non-applicability of section 420
of IPC inter-alia on the ground that no complaint has been filed against the
applicant in individual capacity for illegal colonization but Nagar Palika
Adhiniyam provides the punitive provision for illegal colonization. It reflects
from the case diary that the applicant has executed sale-deeds of small part of
agricultural land to some person and the intention of developing a colony
cannot be discarded.
Considering the facts and circumstances of the case, I am not inclined
to allow this 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 seven 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
Signature Not Verified
SAN
the same is necessary and the applicant fails to cooperate in the investigation.
Digitally signed by REENA HIMANSHU
SHARMA
Date: 2021.06.04 17:34:20 IST
3 MCRC-21728-2021
(ii) That, the applicant should first be summoned to cooperate in the
investigation. If the applicant cooperates in the investigation then the occasion
of his 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.
(RAJENDRA KUMAR SRIVASTAVA)
V. JUDGE
rv
Signature Not Verified
SAN
Digitally signed by REENA HIMANSHU
SHARMA
Date: 2021.06.04 17:34:20 IST
