Jhallu Kushwaha vs The State Of M.P.
2022 Latest Caselaw 12941 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          BEFORE
                                            HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                 ON THE 26th OF SEPTEMBER, 2022

                                         MISC. CRIMINAL CASE No. 45564 of 2022

                                  BETWEEN:-
                          1.      JHALLU KUSHWAHA S/O JUGAL KUSHWAHA,
                                  AGED   ABOUT    55   YEARS, OCCUPATION:
                                  AGRICULTURIST R/O KHANDEVRA, P.S. ORCHA
                                  ROAD,   DISTRICT    CHHATARPUR     (M.P.)
                                  (MADHYA PRADESH)

                          2.      PUSHPENDRA TIWARI S/O SHRI LOKNATH
                                  TIWARI, AGED ABOUT 42 YEARS, OCCUPATION:
                                  AGRICULTURIST R/O VILLAGE MALPURA,
                                  POLICE STATION ORCHA ROAD, DISTRICT
                                  CHHATARPUR (MADHYA PRADESH)

                                                                                           .....PETITIONER
                                  (BY MR. ANOOP K. SAXENA, ADVOCATE)

                                  AND
                                  THE STATE OF M.P. THROUGH POLICE STATION
                                  CITY KOTWALI CHHATARPUR DISTRICT
                                  CHHATARPUR M.P. (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                                  (BY MR. ATMA RAM BAIN, DY. GOVT. ADVOCATE)

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

This is first bail application filed on behalf of the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail, as he is under apprehension of his arrest, in connection with Crime No.363/2022, Police Station-City Kotwali, District-Chhatarpur (M.P.) for the offences punishable under Sections 379, 414 of IPC & Section 4/2, 18(1), 18(2) of Mines and

Signature Not Verified Signed by: MRS PREETI TIWARI Signing time: 9/27/2022 2:27:31 PM

Minerals (Regulation and Development) Act.

Counsel appearing for applicant submitted that applicants were issued no tic es under Section 41-A of Cr.P.C, thereafter, they cooperated in investigation of the case and appeared before Investigating Officer and investigation was complete. At the time of filing of charge-sheet, applicants had filed an application under Section 438 of Cr.P.C. It is submitted that trial Court rejected the application under Section 438 of Cr.P.C on the ground that notices have been issued to applicants under Section 41-A of Cr.P.C. and, therefore, there is no apprehension that applicants will be arrested. Counsel for applicants submitted that trial Courts are sending accused to jail at the time of filing of

charge-sheet, as they are not in custody. He placed reliance on an order passed in the case of Chandrabhan Kalosiya Vs. State of MP in M.Cr.C.No.42277/2022 on 03.09.2022. In these circumstances, it is prayed that applicants may be enlarged on anticipatory bail.

Heard learned counsel for parties.

This Court has clarified the position in order passed in M.Cr.C No.42277/2022 on 03.09.2022.

In view of same, application for anticipatory bail filed by applicants is disposed off directing applicants to file an application under Section 437 of Cr.P.C before Judicial Magistrate First Class along with copy of order passed by this Court in M.Cr.C.No.42277/2022 on 03.09.2022. On filing such an application, Judicial Magistrate shall consider the application on it's merits and shall also consider judgment passed in M.Cr.C.No.42277/2022 in the case of Chandrabhan (supra).

With aforesaid direction, bail application is disposed off. Certified copy as per rules.

Signature Not Verified Signed by: MRS PREETI TIWARI Signing time: 9/27/2022 2:27:31 PM

(VISHAL DHAGAT) JUDGE nd

Signature Not Verified Signed by: MRS PREETI TIWARI Signing time: 9/27/2022 2:27:31 PM