Madhya Pradesh High Court
Charavjeev Kaur Sujlana vs The State Of Madhya Pradesh on 12 January, 2023
Author: Vivek Rusia
-1-
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 12th OF JANUARY, 2023
MISC. CRIMINAL CASE No. 635 of 2023
BETWEEN:-
CHARANJEEV KAUR SUJLANA W/O SHRI
GURUKRIPALSINGH SUJLANA, AGED ABOUT 57
YEARS, OCCUPATION: BUSINESS R/O H.NO. 83-84,
TILAK NAGAR INDORE (MADHYA PRADESH)
.....APPLICANT
(SHRI SANTOSH PANORIYA, LEARNED COUNSEL FOR THE APPLICANT.)
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
SPECIAL POLICE ESTABLISHMENT LOKAYUKT
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI RAGHVENDRA SINGH RAGHUVANSHI, LEARNED COUNSEL FOR
THE RESPONDENT.)
MISC. CRIMINAL CASE No. 631 of 2023
BETWEEN:-
INDRAJEET SINGH SUJLANA S/O SHRI
GURUKRIPALSINGH SUJLANA, AGED ABOUT 31
YEARS, OCCUPATION: BUSINESS R/O H.NO. 83-84,
TILAK NAGAR INDORE (MADHYA PRADESH)
.....APPLICANT
(SHRI SANTOSH PANORIYA, LEARNED COUNSEL FOR THE APPLICANT.)
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 13-01-2023
17:48:57
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AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
SPECIAL POLICE ESTABLISHMENT LOKAYUKT
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI RAGHVENDRA SINGH RAGHUVANSHI, LEARNED COUNSEL FOR
THE RESPONDENT.)
--------------------------------------------------------------------------------------------------------
This application coming on for orders this day, the court passed
the following:
ORDER
This is first bail application filed by the applicants under Section
438 of the Code of Criminal Procedure, 1973. The applicant is
apprehending his arrest in connection with Crime No.105/2014,
registered at Police Station- Special Police Establishment, Lokayukt,
Indore, for the offences punishable under Sections 13(1)(e) and 13(2) of
the Prevention of Corruption Act, 1988 and under Section 109 and120-B
of the I.P.C.
As per prosecution story, at the relevant point of time the husband
and father of the applicant was working as a Time Keeper. The
Lokayukt establishment has conducted a raid and found that he has
accumulated assets worth Rs.2,56,50,000/- against the known source of
income Rs.25,00,000/-. Accordingly, an FIR was registered under
Section 109, 120(B) of IPC. During investigation these applicants were
never arrested by the prosecution. Now, the applicants are apprehending
that at the time of submission of charge-sheet, they would be sent to the
jail hence, they approached the Special Judge by filing an application
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 13-01-2023
17:48:57
under Section 438 of Cr.P.C. which came to be dismissed vide order
dated 20.12.2022, hence, present petition is filed before this Court.
Learned counsel for the applicant has placed reliance on the
judgment passed in case of Neerja Dutta v/s State (Government of
N.C.T. Of Delhi) in Criminal Appeal No.1669/2009, Siddharth v/s
State of U.P. Criminal Appeal No.838/2021. In case of Satender
Kumar Antil v/s Central Bureau Of Investigation on 11 July, 2022
SPECIAL LEAVE PETITION (CRL.) NO.5191 OF 2021, the Apex
Court has held that at the time of filing of charge-sheet under Section
170 of the Cr.P.C. the accused is not liable to be arrested and sent to the
custody, if he was not arrested during the investigation.
Shri Raghvendra Singh Raghuvanshi, learned counsel for the
Establishment submits that as on today the sanction has not been granted
by the Department to prosecute the co-accused Gurukripalsingh
therefore, establishment is not going to file a charge-sheet in near future.
The apprehension is baseless and before submitting a charge-sheet
notice will be issued to the applicants on appearance before the Court.
However, during pendency of investigation, they were never
arrested and the offence pertaining to the year 2014 and even at the time
of filing of charge-sheet there is no likelihood of seeking any prayer for
police custody, therefore, no bail is required. At the time of filing of
charge-sheet the applicants shall appear before the Special Court.
As on today, the Government has not granted information about
sanction to prosecute the co-accused Gurukripalsingh who is father and
husband of the applicants, therefore, the respondent is not going to file a
charge-sheet in near future. The apprehension of the applicants is
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 13-01-2023
17:48:57
baseless. Before filing the charge-sheet, the respondent shall issue a
notice in defence to the applicant for their appearance before the Court.
I have considered the submissions of both the parties which is
correct that during pendency of investigation, these applicants were
never arrested. The FIR was registered in the year 2014 and till today
applicants have never been arrested. There is no allegation against the
applicants that they did not cooperate with the investigation or tried to
tamper the evidence. It is not a case of prosecution that they will seek
custody at the time of filing charge-sheet.
Keeping in view the fact in totality, without commenting on the
merit of the case, both the application i.e. M.Cr.C. No.635/2023 &
M.Cr.C. No.631/2023 are allowed. It is directed that in the event of
arrest of the applicants namely Charanjeev Kaur Sujlana (applicant in
M.Cr.C. No.635/2023) and Indrajeet Singh Sujlana (applicant in
M.Cr.C. No.631/2023) in connection with the aforesaid crime number,
they shall be released on bail upon their furnishing personal bond in the
sum of Rs.50,000/- (Rupees Fifty Thousand) each with one surety in
the like amount to the satisfaction of the arresting officer. This order
shall be governed by the following conditions:
(a) the applicants shall co-operate with the investigation and make
themselves available for interrogation by a police officer as and when
required;
(b) they shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so
as to dissuade him from disclosing such facts to the Court or to any
police officer;
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 13-01-2023
17:48:57
(c) If the applicant is found involved in any criminal case of the
same nature during this bail period, this order granting the benefit of
anticipatory bail shall be liable to be cancelled; and
(d) he shall not leave the territory of India without the prior
permission of the Court.
Certified copy as per rules.
(VIVEK RUSIA)
JUDGE
Divyansh
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 13-01-2023
17:48:57
