Madhya Pradesh High Court
Asharam Meshram vs The State Of Madhya Pradesh on 21 February, 2022
Author: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 21st OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 8970 of 2022
Between:-
ASHARAM MESHRAM S/O UDGAN LAL
MESHRAM, AGED ABOUT 58 YEARS,
OCCUPATION: THE THEN SUB DIVISIONAL
OFFICER REVENUE KIRNAPUR PRESENTLY
POSTED AT SUB DIVISIONAL OFFICER (R)/S.D.M.
NIWAS (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SANJAY SHARMA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION LANJI POLICE STATION LANJI
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI C.K. MISHRA, GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the second bail application under Section 438 of Cr.P.C filed by the
applicant. His earlier application was dismissed on merits vide order dated
11.12.2019, passed in M.Cr.C. No.47117/2019.
The applicant apprehends his arrest in connection with Crime No.315/2019
registered at Police Station Lanji, District Balaghat (M.P.) for the offence
punishable under Sections 420, 465, 466, 467, 468 and 471 of Indian Penal Code.
It is submitted that the subsequent development has taken place in the matter
and a fresh enquiry was conducted; wherein, the applicant was not found involved
in any of the irregularities or embezzlement committed by him. He has drawn
attention of this Court to the report submitted to point out the fact that the
applicant was not granted any opportunity of hearing prior to registration of an
FIR; therefore, re-enquiry should be done into the matter. It was directed that the
Signature Not Verified
SAN record be matched with the record of Bandobast prior to passing any order
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2022.02.24 10:45:35 IST
regarding registration of FIR; therefore, under the changed circumstances, he has
filed this application seeking anticipatory bail placing reliance upon the judgment
passed by the Court in the case of Jagdish Agarwal Vs. State of M.P. (M.Cr.C.
No.17412/2020); wherein, only on the basis of a subsequent investigation done by
a Senior Police Officer, the application was allowed. He has further placed reliance
upon the judgment passed in M.Cr.C. No.35055/2020 (Dinesh Kushwah Vs.
State of M.P., decided on 06.10.2020 ); wherein, under similar circumstances,
the application is allowed. Placing further reliance upon the judgment passed by the
Hon’ble Supreme Court in the case of Parvinder Singh Vs. State of Punjab
reported in (2003) 12 SCC 615; wherein the repeat application under Section 439
of Cr.P.C. was considered under the changed circumstances and it was held that
the application is maintainable and the order was passed. Therefore, the application
was maintainable. It is submitted that although the matter has traveled up to the
Hon’ble Supreme Court for grant of bail and vide order dated 17.01.2020 the
Special Leave Petition was dismissed and it was observed that in case the
petitioner surrenders and files an application for bail, the concern Court is directed
to consider the said application expeditiously on its own merits and in accordance
with law. Looking to the changed circumstances of the case, he has filed this
application for grant of anticipatory bail.
Per contra, State counsel has vehemently opposed the application stating
that the application for grant of anticipatory bail was rejected by this Court on
earlier occasion and the matter has traveled up to the Hon’ble Supreme Court;
wherein, the Hon’ble Supreme Court has rejected his application for grant of
anticipatory bail on 17.01.2020 and despite of the rejection of application by the
Hon’ble Supreme Court he has not surrendered till date. He has not
cooperated with the investigating agency. There was a specific observation made in
the order passed by the Hon’ble Supreme Court that if he surrenders and
moves an application for bail, the trial Court will expedite the proceedings of the
Court. In such circumstances, the repeat bail application under Section 438 of
Cr.P.C. is not entertainable placing reliance upon the judgment passed by the
Signature Not Verified
Hon’ble Supreme Court in the case of G.R. Ananda Babu Vs. State of
SAN
Digitally signed by TAJAMMUL HUSSAIN
Tamilnadu [SLP (Criminal) No.213/2021] decided on 28.01.2021; wherein, the
KHAN
Date: 2022.02.24 10:45:35 IST
Hon’ble Supreme Court has raised an objection regarding consideration of
repeat bail application under Section 438 of Cr.P.C.
Heard the learned counsels for the parties and perused the record.
From the perusal of the record, it is apparently clear that the applicant has
approached the Hon’ble Supreme Court seeking a relief for grant of
anticipatory bail which was rejected vide order dated 17.01.2020, despite of the
same, he has not surrendered and applied for regular bail. He is still absconding in
the matter and not cooperated with the Investigating Agency at any point of time.
The case laws, which have been relied upon are not applicable to the facts and
circumstances of the present case because in those cases the matter were not
travelled upon the Hon’ble Supreme Court and secondly the Investigating
Agency in further investigation found that some of the offences are not made out
and the cases were found to be triable by Judicial Magistrate First Class, in such
circumstances, the applications were allowed. The case of the applicant is entirely
on a different footing. The matter has already been considered by the Hon’ble
Supreme Court and there is a specific observation made by the Hon’ble
Supreme Court with respect to surrendering of the applicant vide order dated
17.01.2020.
Considering the overall facts and circumstances of the case and and also
considering the judgment passed by the Hon’ble Supreme Court in the case of
G.R. Ananda Baba (supra), this Court does not deem it appropriate to entertain the
subsequent application for grant of anticipatory bail.
The application is hereby rejected.
(VISHAL MISHRA)
JUDGE
taj
Signature Not Verified
SAN
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2022.02.24 10:45:35 IST
