Madhya Pradesh High Court
Bharat Meena vs The State Of Madhya Pradesh on 24 May, 2021
Author: Vivek Rusia
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HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
(SINGLE BENCH: HON'BLE Mr. JUSTICE VIVEK RUSIA)
M.Cr.C. No.24084/2021
(Bharat Meena V/s. The state of M.P.)
Indore, dated : 24.5.2021
Heard through video conferencing.
Shri A.K.Saxena, learned counsel for the applicant.
Shri Ram Shashtri, learned panel lawyer for the respondent State.
ORDER
This is the first application filed under section 438 Cr.P.C
seeking anticipatory bail as the applicant apprehends his arrest in
connection with Crime No.105/2021 registered at police station
Kurawar, District Rajgarh for the offence punishable under section 61
(gh) Madhya Pradesh Panchayat Rajya Avam Gram Rajasv Adhiniyam,
1993.
As per prosecution story, the applicant is the owner of land
bearing survey No.69/2/1/1/2 area 0.131 hectors has sold the same to
seven persons which amounts to illegal colonization. Accordingly, to
the prosecution, the applicant was required to obtain the colonizer
license order of diversion and developed the colony before selling the
land by cutting the plots. A show cause notice has been issued to him
but he did not file any reply, therefore, FIR has been registered.
Learned counsel for the applicant submits that being an owner of
the land he has sold the land to 7 persons that does not amounts to a
colonization. He was in need of money therefore he sold the land.
There is no complainant in this case.
Learned Public Prosecutor opposes the bail application and
prayed for rejection of the application.
In view of the law laid down by the Apex Court in the case of
Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC
273 applies in this case and the Hon' apex Court in the latest judgment
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directed not to arrest the accused in which maximum punishment is
seven years.
Keeping in view the facts and circumstances of the case, the
application is allowed. It is directed that in the event of arrest of the
applicant in connection with the aforesaid crime number, he shall be
released on bail upon his furnishing personal bond in the sum of
Rs.40,000/- (Rupees Forty Thousand) with one surety in the like
amount to the satisfaction of the arresting officer. This order shall be
governed by the following conditions:
(a) the applicant shall co-operate with the investigation and make
himself available for interrogation by a police officer as and when
required;
(b) he shall not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to any police
officer;
(c) If the applicant is found involved in any criminal case of the same
nature during this bail period, this order granting the benefit of
anticipatory bail shall be liable to be cancelled;
(d) the applicant shall obtain the colonizer license and to the
development work in one year and shall submit the report to the trail
court.
In violation of any of the above conditions the State shall have
liberty to apply for cancellation of this bail .
( VIVEK RUSIA )
JUDGE
das REENA
PARTH
Digitally signed by REENA
PARTHO SARKAR
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OF MADHYA PRADESH,
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SARKA bd7b9233b3b2d74632a61
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PARTHO SARKAR
Date: 2021.05.25 14:39:30
+05'30'
