Abdul Saleem vs The State Of Madhya Pradesh
2023 Latest Caselaw 2014 MP

                                                                 1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                      HON'BLE SMT. JUSTICE NANDITA DUBEY
                                            ON THE 3 rd OF FEBRUARY, 2023
                                        MISC. CRIMINAL CASE No. 4697 of 2023

                    BETWEEN:-
                    ABDUL SALEEM S/O ABDUL WAHEED, AGED ABOUT 48 YEARS,
                    OCCUPATION: CONTRACTOR, R/O DHAAM, P.S. PANNA,
                    DISTRICT PANNA (MADHYA PRADESH)

                                                                                             .....APPLICANT
                    (BY SHRI SANKALP KOCHAR - ADVOCATE )

                    AND
                    THE STATE OF MADHYA PRADESH THROUGH P.S. KOTWALI,
                    DISTRICT-PANNA (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                    (BY SHRI SANJEEV SINGH PARIHAR - PANEL LAWYER )

                           T h is application coming on for admission this day, the Court passed the
                   following:
                                                               ORDER

This is the first application filed under Section 438 of the Code of Criminal

Procedure for grant of anticipatory bail.

The applicant is apprehending his arrest in Crime No.20/2023 registered at Police Station-Kotwali, District Panna for the offence punishable under Sections 339 C, 339 D of M.P. Municipalities Act, 1961.

Counsel for the applicant submits that the present applicant is innocent and has falsely been implicated in the case. It is submitted that present applicant is Bhumiswami of the land in question. He neither sold the land nor developed any colony in the land. It is further submitted that other co-accused person has been granted the benefit of Section Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 2/3/2023 2:08:22 PM

438 of Cr.P.C by this Court and also relied upon a judgment of Arnesh Kumar reported in (2014) 8 SCC 273. On the ground of parity he also prays for grant of bail to the applicant.

O n the other hand, counsel for State has opposed the submissions made by counsel for the applicant stating that the parity cannot be claimed by the present applicant because he is a person who has actually committed crime.

Considering the arguments advanced by learned counsel for the parties, I am inclined to enlarge the applicant on anticipatory bail. Therefore, without commenting anything on the merits of the case, this application is allowed.

It is directed that in the event of arrest, the applicant be released on bail upon his

furnishing a bail bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the Station House Officer/Arresting Officer of the Police Station concerned.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial; and

6. The applicant will not leave India without prior permission of the trial Court/Investigating Officer, as the case may be. Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 2/3/2023 2:08:22 PM

Certified Copy as per rules.

(NANDITA DUBEY) JUDGE ak

Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 2/3/2023 2:08:22 PM