Sanat Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 10084 MP

                                                                1
                            IN     THE         HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                                     ON THE 4 th OF JULY, 2023
                                            MISC. CRIMINAL CASE No. 27992 of 2023

                           BETWEEN:-
                           SANAT TIWARI S/O SHRI RAMNIHOR TIWARI, AGED
                           ABOUT 52 YEARS, OCCUPATION: FARMER R/O VILLAGE
                           BHOWAR POST DUBGAWA P.S. AND TEHSIL
                           MANGAWAN DISTRICT REWA (MADHYA PRADESH)

                                                                                              .....APPLICANT
                           (BY SHRI MANISH DATT - SENIOR ADVOCATE WITH SHRI D.S. DUBEY -
                           ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION CIVIL LINES DISTRICT REWA (MADHYA
                           PRADESH)

                                                                                           .....RESPONDENT
                           (BY SHRI MANASMANI VERMA - GOVERNMENT ADVOCATE)

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

Case diary is available.

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

3. The applicant apprehends his arrest in connection with Crime No. 536/2017 registered at Police Station Civil Lines, District Rewa for offence under Sections 409, 420, 467, 468, 471, 120-B/34 of IPC.

4. It is submitted by the counsel for the applicant that the offence was registered in the year 2017 and till today the police did not take any action Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 05-07-2023 19:01:51

to arrest the applicant. It is further submitted that the allegations which have been made by the complainant are that one property was allotted to him by M.P. Housing Infrastructure Development Board but the sale deed was executed in the name of the complainant Vinay Kumar Singh by producing somebody else. Thereafter, the said property was sold to Satyabhama. It is submitted by the counsel for applicant that it is true that the applicant had appeared as a witness in the sale deed executed between the M.P. Housing Infrastructure Development Board and Vinay Kumar Singh, but he was told by the authorities of M.P. Housing Infrastructure Development Board that the so called purchaser is Vinay Kumar Singh. It is further submitted that on

03.02.2017 the applicant has also executed a sale deed in favour of one Prem Singh Parihar and Vinay Kumar Singh and thus it is clear that even the applicant had bonafide belief that the person who had come to purchase the property from M.P. Housing Infrastructure Development Board is Vinay Kumar Singh. It is further submitted that since the applicant was under a bonafide impression that the person who was involved in the transaction is Vinay Kumar Singh and therefore, he has stood as a witness to the sale deed executed by Vinay Kumar Singh in favour of Satyabhama. Thus it is submitted that if any mistake has been committed by the applicant then it is bonafide and without any mens-rea.

5. Per contra it is submitted by counsel for the State that respondents prepared abscondance Punchnama on 21.06.2018, a reward of Rs. 3000/- was declared on 22.11.2022. A search was made in the house of the applicant on 13.03.2023, 03.04.2023 as well as 13.06.2023 but the whereabouts of the applicant could not be traced out. However, it is fairly conceded by counsel for State that no action under Section 82, 83 of Cr.P.C. has been taken

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 05-07-2023 19:01:51

so far.

6. Heard the learned counsel for the parties.

7. So far as the submission made by counsel for applicant that no action was taken by the police to take him in detention is concerned, the efforts which were made by the respondents as disclosed by counsel for State clearly shows that the police was not seriously interested in apprehending the applicant. The first attempt was made on 21.06.2018 when the abscondance panchnama was prepared.

8. Thereafter an order dated 22.11.2022 was passed and a reward of Rs. 3000/- by Superintendent of Police Rewa was declared. Thereafter on three occasions i.e. on 13.03.2023, 03.04.2023 and 13.06.2023 the police made some serious efforts to apprehend the applicant.

9. Further more, it is the case of the applicant that every time he was given an impression that the person who is involved in the transaction is Vinay Kumar Singh and under the same bona fide belief he has also executed a sale deed in favour of Prem Singh and Vinay Kumar Singh. It is further submitted that the applicant has stood as a witness to the sale deed. He is not a beneficiary of disputed transaction.

10. Considering the facts and circumstances of the case, this court is of the considered opinion that the application for grant of anticipatory bail can

be allowed.

11. Accordingly, in case the applicant appears before Investigating Officer on or before 15.07.2023, and furnishes a personal bond in the sum of Rs. 25,000/- (Rupees twenty five thousand) with one surety in the like amount to the satisfaction of the concerned Investigation Officer, then he shall be released by the Investigating Officer. Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 05-07-2023 19:01:51

12. It is made clear that in case if the applicant fails to appear before the Investigating Officer on or before 15.07.2023, then this order shall lose its effect.

13. 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.

14. The application succeeds and is allowed.

(G.S. AHLUWALIA) JUDGE MISHRA

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 05-07-2023 19:01:51