Rajeshwar Kesharwani vs The State Of Madhya Pradesh
2023 Latest Caselaw 17185 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                               ON THE 16 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 46160 of 2023

                           BETWEEN:-
                           RAJESHWAR KESHARWANI S/O LATE SHRI JAGDISH
                           PRASAD KESHARWANI, AGED ABOUT 48 YEARS,
                           OCCUPATION: BUSINESS R/O POLIPATHAR COLONY
                           BESIDE AWASHTI KIRANA STORE GWARI GHAT ROAD
                           P.S. GAWARI GHAT DISTRICT JABALPUR (MADHYA
                           PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI SHRINIWAS TIWARI -ADVOCATE )

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION MADHOTAL DISTRICT JABALPUR (MADHYA
                           PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI D.K.PAROHA - GOVT. ADVOCATE)

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

This is first application filed by the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail relating to FIR No.580/2023 registered at Police Station-Madhotal, District-Jabalpur (MP) for the offences under Sections 420 of IPC.

2. Learned Counsel appearing for the applicant submitted that applicant is proprietor of Sai builders and doing real estate work. It is submitted that applicant is income tax payee and there is no chance that applicant will abscond Signature Not Verified Signed by: NEETI TIWARI Signing time: 17-10-2023 13:52:39

from law. There is allegation that applicant had sold two plots belonging to complainant to some other persons despite receiving cash of Rs.15,50,000/- for construction of house. Counsel appearing for applicant submitted that applicant will deposit the balance amount of Rs.11,50,000/- and Rs.4 Lacs has already been deposited. It is further submitted that applicant will cooperate in investigation of the case. I n these circumstances, applicant may be granted anticipatory bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of anticipatory bail. It is submitted that this is third case of cheating which has been done by applicant. It is submitted that plot belonging

to complainant has already been sold to some 3rd person and interest has been created over it and cheating has also been done. Complainant may not be able to get back his plot, therefore, anticipatory bail may not be granted to applicant.

4. Heard the counsel for the parties.

5. Applicant is ready to deposit Rs.11,50,000/- to complainant and further applicant has also undertaken to cooperate in investigation of the case and will attend the trial regularly.

6. Considering aforesaid circumstances, anticipatory bail application filed by the applicant is allowed on following conditions:-

(i) Applicant shall deposit an amount of Rs.11,50,000/- before Court of C.J.M, Jabalpur (MP). Amount deposited will be kept in form of FDR and will be subject to final judgment which will be passed by the trial court.

(ii) Applicant will produce receipt of the same before the Investigating Officer.

(iii) If said amount is not deposited then no application will be entertained for modification of conditions of bail order. Signature Not Verified Signed by: NEETI TIWARI Signing time: 17-10-2023 13:52:39

7 . It is also directed that in the event of arrest of applicant and on producing receipt of the amount deposited in connection with the aforesaid crime number and the offences, he be released on anticipatory bail on furnishing a personal bond in the sum o f Rs.5,00,000/- (Rs.Five Lacs only) with two solvent sureties of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

8. This order will remain operative subject to compliance of the following conditions also 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 from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit 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 previous permission of the trial Court/Investigating Officer, as the case may be.

Certified copy as per rules.

(VISHAL DHAGAT) Signature Not Verified Signed by: NEETI TIWARI Signing time: 17-10-2023 13:52:39

JUDGE nd

Signature Not Verified Signed by: NEETI TIWARI Signing time: 17-10-2023 13:52:39