Hemraj Parmal vs The State Of Madhya Pradesh
2023 Latest Caselaw 3911 MP

                                                            1
                          IN     THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SMT. JUSTICE NANDITA DUBEY
                                               ON THE 13 th OF MARCH, 2023
                                          MISC. CRIMINAL CASE No. 7462 of 2023

                         BETWEEN:-
                         HEMRAJ PARMAL S/O HEERALAL PARMAL, AGED
                         ABOUT 53 YEARS, OCCUPATION: AGRICULTURIST R/O
                         ANJANI NAGAR WARD 15 ASTHA TEHSIL ASHTA
                         DISTRICT SEHORE (MADHYA PRADESH)

                                                                                         .....APPLICANT
                         (BY MS. SONALI SHRIVASTAVA - ADVOCATE)

                         AND
                         STATE OF MADHYA PRADESH THROUGH POLICE
                         STATION ASHTA DISTRICT SEHORE (MADHYA
                         PRADESH)

                                                                                      .....RESPONDENT
                         (BY SHRI NAVEEN DUBEY - GOVT. ADVOCATE)

                               This 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.829/2022 registered at Police Station- Ashta District Sehore, for the offence punishable under Section 339(C) of M.P. Municipalities Act, 1961 and Section 420 of IPC.

Learned counsel for the applicant submits that the present applicant is innocent and has falsely been implicated in the case. It is submitted that he is Bhumiswami of the land in question, and has sold some pieces of land as his Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 3/8/2023 5:48:34 PM

wife is suffering from cancer. It is stated that the applicant has not sold the land for developing any illegal colony. Learned counsel has also relied upon a judgment of Apex Court in case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273.

On the other hand, learned GA has opposed the submissions made by counsel for the applicant and prays for dismissal of the bail application.

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 Lakh Only) 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; Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 3/8/2023 5:48:34 PM

and

6. The applicant will not leave India without prior permission of the trial Court/Investigating Officer, as the case may be.

Certified copy as per rules.

(NANDITA DUBEY) JUDGE jk

Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 3/8/2023 5:48:34 PM