Madhya Pradesh High Court
Suraj Sonwar vs The State Of Madhya Pradesh on 12 April, 2022
Author: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
MCRC No. 18152/2022
(SURAJ SONWAR Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 12/04/2022
Shri Ravi Dwivedi, Counsel for applicant.
Shri Naval Kishor Gupta, Counsel for 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.122/2022 registered at Police Station- Purani Chawani, District
Gwalior for offence punishable under Sections 353, 186, 352, 294,
506, 34 of IPC.
It is submitted by Counsel for applicant that demarcation
proceedings were going on and it is alleged that three co-accused
persons, namely, Pritam Singh, Malkhan and Lakhan objected to it and
threw Patwari on ground by pushing him and also torn the official
records. Thereafter, two accused persons including the applicant came
on the spot and extended a threat to life and also abused the
demarcation party. It is submitted that so far as the allegation of
pushing the patwari and torning the official record is concerned, the
incident had taken place much prior to arrival of applicant on the spot.
The applicant has been falsely implicated merely because his father
Pritam Singh was involved in the incident which took place at the
earliest part of the episode. The applicant is ready and willing to
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THE HIGH COURT OF MADHYA PRADESH
MCRC No. 18152/2022
(SURAJ SONWAR Vs THE STATE OF MADHYA PRADESH)
cooperate with the investigation and there is no possibility of his
absconding or tempering with prosecution cases.
Per Contra, the application is opposed by the State Counsel. It
is submitted that applicant has a criminal history and one more offence
under Section 294, 323, 327, 506, 34 of IPC was registered against
him.
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 19.04.2022, he
shall be released on bail on his furnishing a personal bond in the sum
of Rs.1,00,000/- (Rupees One Lac Only) 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 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
19.04.2022
, then this order shall lose its effect and the Investigating
Officer shall be at liberty to take him in custody.
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 18152/2022
(SURAJ SONWAR Vs THE STATE OF MADHYA PRADESH)
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
2022.04.12
17:22:54 +05'30'
