Smt. Geeta Agarwal vs The State Of Madhya Pradesh
2022 Latest Caselaw 3425 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.12054/2022
         (SMT. GEETA AGARWAL VS. STATE OF M.P.)

Gwalior, Dated : 10/03/2022

      Shri Rohit Jain, learned counsel for the applicant.

      Shri C.P.Singh, learned counsel for the State.

      Case diary is available.

      This third repeat application under Section 439 of Cr.P.C. has

been filed for grant of bail. Second bail application of the applicant

was dismissed by order dated 14/01/2022 passed in MCRC

No.543/2022.

      The applicant has been arrested on 21/09/2021 in connection

with Crime No.68/2021 registered at Police Station Padav, District

Gwalior for offence under Sections 406 and 420/34 of IPC.

      It is submitted by the counsel for the applicant that according

to the prosecution case, the husband of the applicant had entered into

an agreement to sell a piece of land to the complainant for a

consideration amount of Rs.21,00,000/-. The applicant and her

daughter had also jointly signed the said agreement to sell being the

co-owner and an amount of Rs.15,00,000/- was received by cheque

and it was agreed that the remaining amount of Rs.6,00,000/- shall be

payable within a period of one year. But thereafter, it appears that the

husband of the applicant sold the same land to one Gyan Singh and

Laxman Singh for a consideration amount of Rs.13,17,000/- and

although, the applicant had stood as a witness to the said sell deed
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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.12054/2022
         (SMT. GEETA AGARWAL VS. STATE OF M.P.)

but she had acted on the instruction of her husband without realizing

the consequences of the same. In order to show her bonafide she is

ready and willing to deposit an amount of Rs.15,00,000/-, which shall

be without any prejudice to her defence. She is in jail from

21/09/2021

and the Trial is likely to take sufficiently long time and

there is no possibility of her absconding or tampering with the

prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State.

In view of the fact that the applicant is a lady and in order to

show her bonafide, she is ready and willing to deposit an amount of

Rs.15,00,000/- without any prejudice to her defence, therefore,

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

allowed. It is directed that on depositing an amount of

Rs.15,00,000/- without prejudice to her defence, the applicant be

released on bail and on 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 Trial Court/Committal Court to appear

before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

The deposit of an amount of Rs.15,00,000/- shall be

THE HIGH COURT OF MADHYA PRADESH MCRC No.12054/2022 (SMT. GEETA AGARWAL VS. STATE OF M.P.)

condition precedent for release of the applicant. The amount so

deposited by the applicant can be paid to the complainant on

submitting an undertaking that in case, if the trial results in

acquittal of the applicant, then he shall immediately refund the

amount. The withdrawal of the amount by the complainant

would be without any prejudice to his claim, if any civil suit is

filed or pending.

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

the case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                               (G.S. Ahluwalia)
Pj'S/-                                                               Judge

            Digitally signed by
            PRINCEE BARAIYA
            Date: 2022.03.10
            16:46:17 -08'00'