Sohan Singh Jatav vs The State Of Madhya Pradesh
2021 Latest Caselaw 6457 MP

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          THE HIGH COURT OF MADHYA PRADESH
                      MCRC-49394/2021
            Sohan Singh Jatav Vs. State of M.P.

Gwalior, Dated : 05/10/2021

       Shri R.S. Bansal, counsel for the applicant

       Shri C.P. Singh, counsel for the respondent/ State.

Case diary is available.

This first application under Section 438 of CrPC has been filed

for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime

No. 133/2021 registered at Police Station Gijjora, District Gwalior

for offence punishable under Sections 452, 323, 294, 506-B, 34 of

IPC.

It is the case of the complainant that after locking the house, he

shifted to Jamnagar for doing labour work. The co-accused Sashikant

was requested to look after the property. The shop of the complainant

was lying vacant. On the festival of Raksha Bandhan, when he came

back, then found that co-accused Chhotu who is the relative of co-

accused Shashikant is doing the business of Chicken and eggs. Since,

the business of Chhotu was not to the liking of the complainant,

therefore, he requested him to vacate the premises. On this issue, co-

accused Chhotu and Sashikant assaulted him. At that time, the

applicant and co-accused Kamlan also came on the spot and entered

inside his house and he was again assaulted.

It is submitted by the counsel for the applicant that so far as the

THE HIGH COURT OF MADHYA PRADESH MCRC-49394/2021 Sohan Singh Jatav Vs. State of M.P.

allegation of house trespass is concerned, the said allegation has been

leveled falsely in order to make the offence non-bailable and all the

other offences are bailable. The applicant is ready and willing to

cooperate with the Investigating Officer. The trial is likely to take

sufficiently long time and there is no possibility of his absconding or

tampering with the prosecution case. It is further submitted that co-

accused Kamlan @ Kalyan Jatav has already been granted

anticipatory bail by this Court by order dated 27.09.2021 passed in

M.Cr.C. No.47851/2021.

Per contra, the application is vehemently opposed by the

counsel for the State. However, it is fairly conceded that except the

offence under Section 452 of Cr.P.C., all the other offences are

bailable.

Considering the facts and circumstances of the case and

without commenting on the merits of the case, the application is

allowed subject to condition that if the applicant appears before the

Investigating Officer (Arresting Officer) on or before 12.10.2021, he

shall be released on bail on his furnishing a personal bond in the sum

of Rs.1,00,000/- (Rupees One Lac) with one surety in the like

amount to the satisfaction of the Arresting Officer (Investigating

Officer).

The applicant shall make himself available for interrogation by

THE HIGH COURT OF MADHYA PRADESH MCRC-49394/2021 Sohan Singh Jatav Vs. State of M.P.

the Investigating Officer as and when required. He shall further abide

by the other conditions enumerated in sub-section (2) of Section 438

of Cr. P. C.

It is made clear that in case if the applicant fails to appear

before the Investigating Officer (Arresting Authority) on or before

12.10.2021, then this order shall lose its effect and the Investigating

Officer shall be at liberty to take him in custody.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

CC as per rules.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2021.10.05 17:05:02 +05'30'