Raghu vs The State Of Madhya Pradesh
2022 Latest Caselaw 85 MP

1            High Court of Madhya Pradesh : Bench at Indore
                           M.Cr.C.No.59946/2021
                        (Raghu Vs. State of M.P.)

Indore : Dated :-3/1/2022

      Shri R.R.Bhatnagar, learned counsel for the applicant.

      Ms. Harshlata Soni, learned counsel for the respondent/State.

Case diary is available with the counsel for the applicant.

This is the first application filed under section 438 of the Cr.P.C.

for grant of anticipatory bail to the applicant, who is apprehending his

arrest in connection with Crime No.433/2021 registered at Police

Station, Taal District Ratlam for commission of offence punishable

under Sections 420 of IPC and Section 339-C of M.P Municipalities

Act, 1961.

The prosecution story in brief is that applicant along with other

co-accused persons developed illegal colony without obtaining

statutory permission from the competent authority and sold the piece

of land (plot) to the purchaser by suppressing the required information

Learned counsel for the applicant submits that applicant has not committed any offence and has not developed any colony. He sold his land to the purchaser without suppressing any required information. Learned counsel for the applicant has further submitted that applicant has not misguided anyone and he was owner of the self land and sold the property. Applicant has no criminal antecedents. The principle of Arnesh Kumar's case are also applicable to the case of applicant as the offence alleged against him are punishable not more than 7 years of imprisonment. The applicant is ready and willing to cooperate the 2 High Court of Madhya Pradesh : Bench at Indore M.Cr.C.No.59946/2021 (Raghu Vs. State of M.P.)

investigation agency and furnish appropriate surety as may be imposed on him.

Per contra, learned counsel for the respondent State opposes the

application and submits that applicant developed colony illegally

without obtaining statutory permission from the competent authority

and sold about 34 plots to different persons, therefore, he is not entitled

for anticipatory bail.

Having considered the rival submissions and also going through

the material produced on record, in view of this Court the applicant is

not entitled for anticipatory bail. However, looking to the nature of

offence, the accused may be kept in custody only if the condition

enumerated in Section 41(1)(b)(ii) of Cr.P.C. exists. In Arnesh

Kumar's case [(2014) 8 SCC 273], the Hon'ble Apex Court has held

as under:-

"..........the arrest effected by the police officer does not satisfy the requirements of Section 41 of the Code, Magistrate is duty bound not to authorise his further detention and release the accused......".

Therefore, in view of the observations laid down in the judgment

referred above, I deem fit to direct as under :-

(i) That, the police may resort to the extreme step of arrest only

when the same is necessary and the applicant fails to cooperate in the

investigation.

3 High Court of Madhya Pradesh : Bench at Indore M.Cr.C.No.59946/2021 (Raghu Vs. State of M.P.)

(ii) That, the applicant should first be summoned to cooperate in the

investigation. If the applicant cooperates in the investigation then the

occasion of their arrest should not arise.

(iii) That, if the applicant-accused is arrested and he wants to file

application under Section 437 of Cr.P.C. for regular bail before lower

Court, then he will be produced before the lower Court without any

delay.

Lower Court is also directed to consider his bail application as

expeditiously as possible, preferably, on the same day.

This petition is disposed off with the aforesaid directions.

C.C. as per rules.

                            Digitally signed by REENA




                                                           (Satyendra Kumar Singh)
                            PARTHO SARKAR


                   REENA    DN: c=IN, o=HIGH COURT OF
                            MADHYA PRADESH BENCH
                            INDORE, ou=JUDICIAL,
                            postalCode=452001, st=Madhya


                   PARTH
                            Pradesh,



                                                                    Judge
                            2.5.4.20=14e70a287a42438a98d
                            cd4449c9a456209ff4272bed8d6
                            bac1452f3fb432e6d0,


                   O
                            pseudonym=4D262EA10E4754E
                            BA7A5EF1D45A35E25EA8D4708
                            ,
                            serialNumber=58C860AFE3BD7


                   SARKAR
                            B9233B3B2D74632A61BEFDC37
                            F85CE50264BCF843011F77654D
                            , cn=REENA PARTHO SARKAR
                            Date: 2022.01.03 17:27:09
                            +05'30'




das