Karodilal Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 2776 MP

                                                                      1                           MCRC-24208-2021
                                            The High Court Of Madhya Pradesh
                                                      MCRC-24208-2021
                                                    (KARODILAL YADAV Vs THE STATE OF MADHYA PRADESH)

                                    2
                                    Jabalpur, Dated : 28-06-2021
                                          Heard through Video Conferencing.
                                          Shri B.K. Shukla, counsel for the applicant.
                                          Shri Jitendra Shrivastaa, Panel Lawyer for the respondent/ State.

This first application filed under Section 438 of Cr.P.C. for grant of anticipatory bail to the applicant, as he is apprehending his arrest in

connection with Crime No.136/2021, 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.

A s per prosecution case, the Police registered the aforesaid crime against the applicant on the basis of written complaint made by the Patwari at the instance of SDM Khurai alleging that the applicant without obtaining prior statutory permission has developed the illegal colony situated at land bearing Khasra No.475/63/1/1/1 area 0.396 hectares situated under the territorial jurisdiction of Nagar Palika Nigam Bina.

Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the crime in question. The applicant has neither cheated anyone, nor assured anyone to develop the colony 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. It is further argued that the applicant has no criminal past. The principle of Arnesh Kumar's case are also applicable to the case of applicant. The applicant is ready and willing to co-operative the investigation agency and furnish appropriate surety as may be imposed on him.

Signature Not Verified SAN Per-contra learned counsel for the respondent/ State opposes the said

Digitally signed by KRISHAN KUMAR CHOUKSEY Date: 2021.06.29 12:39:48 IST 2 MCRC-24208-2021 application for grant of anticipatory bail to the applicant.

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 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 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.

(SATYENDRA KUMAR SINGH) JUDGE Signature Not Verified SAN

Digitally signed by KRISHAN KUMAR CHOUKSEY Date: 2021.06.29 12:39:48 IST 3 MCRC-24208-2021 kkc

Signature Not Verified SAN

Digitally signed by KRISHAN KUMAR CHOUKSEY Date: 2021.06.29 12:39:48 IST