Jyoti Kadam vs The State Of Madhya Pradesh
2022 Latest Caselaw 6576 MP

                                                           1
                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                   ON THE 2nd OF MAY, 2022

                                       MISC. CRIMINAL CASE No. 20151 of 2022

                               Between:-
                               JYOTI KADAM W/O LATE SUMIT KADAM , AGED
                               ABOUT 33 YEARS, OCCUPATION: PRIVATE JOB R/O
                               BRINDAVAN NAGAR, MOTHER TERASA KATANGI
                               ROAD, JABALPUR (MADHYA PRADESH)

                                                                                          .....PETITIONER
                               (BY MS.ANJALI SHRIVASTAVA, ADVOCATE )

                               AND

                               THE STATE OF MADHYA PRADESH THROUGH
                               POLICE STATION AMAHIYA DISTRICT-REWA M.P.
                               (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                               (BY SHRI RAJESHWAR RAO, GOVT. ADVOCATE)

                            This application coming on for hearing this day, the court passed the
                      following:
                                                            ORDER

This is first application under Section 438 of the Cr.P.C. for grant of

anticipatory bail to the applicant, who is apprehending her arrest in connection with Crime No.61/2022 registered at Police Station Amahiya District Rewa (M.P.) for the offence under Section 420 of the Indian Penal Code.

After issuance of notice under Section 41-A of Cr.P.C., applicant has not been arrested and charge-sheet has been filed, therefore, it is evident that Investigating Officer had no intention of arresting the applicant, and therefore, this case can be disposed of in the light of law laid down in the judgment of Supreme Court in case of Satender Kumar Antil Vs. Central Bureau of Investigation and Others in Special Leave to Appeal (Criminal) No.5191/2021 decided on 7.10.2021 directed the applicant to appear before the trial Court upon filing of the charge sheet and to move application for bail and the trial Court shall consider such application in terms of the direction issued by the Supreme Court in Satender Signature SAN Not Verified Kumar Antil Vs. Central Bureau of Investigation (supra). Digitally signed by SARSWATI MEHRA Date: 2022.05.02 On going through the judgment passed by the Supreme Court in the case of 18:56:53 IST

Satender Kumar Antil versus Central Bureau of Investigation (supra), it is apparent that the applicant has been charged for the offence punishable with imprisonment of seven years or less not falling in category B&D. It is held that if applicant is not arrested during investigation and has cooperated throughout in the

investigation including appearing before the Investigating Officer whenever called then after filing of charge sheet/complaint, following courses should be adopted, namely, (a) ordinary summons at the first instance/including permitting appearance through lawyer; (b) if such an accused does not appear despite service of summons then bailable warrant for physical appearance may be issued; (c) Non- bailable warrant on failure to appear despite issuance of bailable warrant; (d) non- bailable warrant may be cancelled or converted into a bailable warrant/summons without insisting physical appearance of accused, if such an application is moved on behalf of the applicant before execution of the non-bailable warrant on an undertaking of the accused to appear physically on the next date(s) of hearing; and

(e) bail applications of such accused on appearance may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided.

I n the same terms, the present anticipatory application is disposed of directing the applicant to appear before the trial Court and move bail application which trial Court shall consider in the light of Satender Kumar Antil Vs. Central Bureau of Investigation and Others (supra).

In above terms, this anticipatory bail application is disposed of.

(VIVEK AGARWAL) JUDGE sm