Jitendra Jatt vs The State Of Madhya Pradesh
2022 Latest Caselaw 16383 MP

                                                  1
               IN         THE     HIGH COURT OF MADHYA PRADESH
                                        AT INDORE
                                             BEFORE
                                 HON'BLE SHRI JUSTICE ANIL VERMA
                                   ON THE 9 th OF DECEMBER, 2022
                                MISC. CRIMINAL CASE No. 55045 of 2022

              BETWEEN:-
              JITENDRA JATT S/O SUBHASH JATT,
              AGED ABOUT 39 YEARS,
              OCCUPATION: AGRICULTURIST
              R/O: GRAM     DOULATPURA, TEHSIL BALWADA
              DISTRICT KHARGONE (MADHYA PRADESH)

                                                                                .....APPLICANT
              (BY SHRI VIVEK SHARAN - ADVOCATE)

              AND
              THE STATE OF MADHYA PRADESH
              THROUGH POLICE STATION BALWADA, DISTRICT
              KHARGONE (MADHYA PRADESH)

                                                                           .....NON APPLICANT
              (BY SHRI BHUVAN DESHMUKH - GOVERNMENT ADVOCATE)
              (SHRI SHEKHAR SHARMA - ADVOCATE FOR THE OBJECTOR)

                      This application coming on for orders this day, th e court passed the
             following:
                                                   ORDER

This is the second anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973. The applicant is apprehending his arrest in connection with Crime No.148/2022 registered at P.S. - Balwada, District Khargone (M.P.) for commission of offence punishable under Section 420, 465, 467, 471, 120-B of IPC.

Signature Not VerifiedAs per the prosecution story, complainant Sulochana had purchased the Signed by: TRILOK SINGH SAVNER land in question from land owner Rajendra by registered sale deed dated Signing time: 09-Dec-22 7:29:04 PM

23.2.2016 for consideration of Rs.11 Lakhs, but thereafter co-accused Rajendra even after sale of the aforesaid land, obtained agricultural loan amounting to Rs.9 Lakh from Union Bank of India, Branch Bagod. Co-accused Jitendra Pawar was the bank manager of the aforesaid bank and the other co-accused is the practising lawyer, he wrote title search report for the bank relating to aforesaid land. The present applicant is the only surety in the said loan. On these allegations the FIR was registered under Crime No.148/2022 at Police Station Balwada, District Khargone.

Learned counsel for the applicant contended that the applicant is innocent and he has been falsely implicated in this matter. His earlier bail application was

dismissed as withdrawn. Co-accused Zafar Khan has been enlarged on anticipatory bail vide order dated 2.8.2022 passed in MCRC No.37517/2022, therefore, on the ground of parity present applicant be also released on anticipatory bail. It is also submitted that co-accused has deposited the entire amount in question Rs.10,22,100/- in the Branch of the Union Bank. He has also placed reliance upon the judgment of the Apex Court in the case of Arnab Manoranjan Goswami Vs. State of Maharashtra and others reported in (2021) 2 SCC 427 and the order dated 29.7.2019 passed by this Court in MCRC No.24149/2019.

Per-contra, learned GA for respondent/State opposes the anticipatory bail application and prays for its rejection by submitting that applicant did not comply the earlier order of this Court and not surrendered before the trial Court, therefore, he does not deserve for any relief.

Counsel for the objector also opposes the anticipatory bail application Signature Not Verified and prays for its rejection.

Signed by: TRILOK SINGH SAVNER Signing time: 09-Dec-22 7:29:04 PM Perused the case diary as well as the impugned order of the court below.

Considered all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation as also the fact that applicant's earlier anticipatory bail application was dismissed as withdrawn vide order dated 18.10.2022 passed in MCRC No.39705/2022 with liberty to surrender before the trial Court and apply for regular bail, but present applicant did not comply the order passed by this Court and he has not surrendered before the trial Court. Although co-accused Zafar Khan has been enlarged on anticipatory bail vide order dated 2.8.2022 but his case is distinguishable with the case of the present applicant. Therefore, present applicant cannot claim parity with the co-accused Zafar Khan. Present applicant is the guarantor of the main borrower.

Therefore, in view of the evidence available on record, without commenting upon merits of the case, this Court is not inclined to grant anticipatory bail to the present applicant.

Accordingly this M.Cr.C. is hereby dismissed. The applicant is directed to comply the earlier order dated 18.10.2022 passed by this Court.

C.C. as per rules.

(ANIL VERMA) JUDGE trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 09-Dec-22 7:29:04 PM