Asha Devi vs The State Of Madhya Pradesh
2022 Latest Caselaw 7525 MP

                                     1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                              ON THE 26th OF MAY, 2022

        MISCELLANEOUS CRIMINAL CASE No. 25437 of 2022

         Between:-
         ASHA DEVI W/O RAMESHWAR GAHLOT, AGE -
         53 YEARS, OCCUPATION: HOUSE WIFE, R/O - I/2
         GOVERNMENT HOUSE NEAR HEERABAG
         PULIYA KENT ROAD KENT GUNA, DISTRICT
         GUNA (MADHYA PRADESH)

                                                             .....PETITIONER
         (BY SHRI VIVEK MISHRA - ADVOCATE)

         AND

         STATE OF MADHYA PRADESH THROUGH
         POLICE STATION P.S. KENT GUNA, DISTRICT
         GUNA (MADHYA PRADESH)

                                                            .....RESPONDENT
         (BY SMT. ANJALI GYANANI - ADVOCATE)
         (COMPLAINANT BY SHRI RAHUL BANSAL - ADVOCATE)

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

Case diary is available.

This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

The applicant apprehends her arrest in connection with Crime No.246/2022 registered at Police Station Kent, District Guna for offence under Sections 420, 406, 120-B, 467 and 468 of IPC.

It is submitted by the counsel for the applicant that according to the prosecution case, the applicant had executed an agreement to sell in favour of

the complainant for an amount of Rs.6,00,000/- and the said amount was also received by her, but thereafter she did not execute the sale deed and accordingly, it was alleged that an amount of Rs.45,00,000/- has been received by the complainant in the name of compromise but the sale deed has not been executed. It is submitted that in fact an agreement to sell was executed and without getting the sale deed executed, the complainant started alienating the property and accordingly, FIR was lodged by the applicant and Sessions Trial No.11/2019 is pending against the complainant for offence under Sections 420, 423 and 120-B of IPC and under Sections 3(1)(f) and 3(2)(va) of SC/ST Act.

An application under Section 482 of Cr.P.C. was filed for quashment of

the proceedings on the basis of compromise, but this Court by order dated 03/12/2021 passed in MCRC No.48118/2019 has rejected the said application on the ground that an innocent lady belonging to a reserved category was cheated by the complainant party. It is submitted that having failed to get the criminal proceedings quashed, the FIR in question has been lodged by way of counter blast. Even assuming that an agreement to sell was executed in the year 2015, still the complainant had right to file a suit for specific performance of contract, which was never done and the complainants are trying to convert civil case into a criminal case, which is not permissible. She is ready and willing to abide by any stringent condition, which may be imposed by this Court. The Trial is likely to take sufficiently long time and there is no possibility of her absconding or tampering with prosecution witnesses.

Per contra, the application is vehemently opposed by the Counsel for the State as well as the counsel for the complainant.

Considering the fact that the case is primarily of a civil dispute and the complainants are already facing trial on the report lodged by the applicant and

the application for quashment of the Sessions trial on the basis of compromise has already been rejected by this Court by order dated 03/12/2021 passed in MCRC No.48118/2019, and without commenting on the merits of the case, the application is allowed subject to condition that if the applicant appears before the Investigating Officer (Arresting Officer) on or before 02/06/2022 she shall be released on bail on her 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 Arresting Officer (Investigating Officer).

The applicant shall make herself available for interrogation by the Investigating Officer as and when required. She shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr. P. C.

It is made clear that in case if the applicant fails to appear before the Investigating Officer (Arresting Authority) on or before 02/06/2022 then this order shall lose its effect and the Investigating Officer shall be at liberty to take her in custody.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 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) V. JUDGE Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.05.26 15:52:13 -07'00'