Shishirsingh vs The State Of Madhya Pradesh
2024 Latest Caselaw 4761 MP

Madhya Pradesh High Court

Shishirsingh vs The State Of Madhya Pradesh on 19 February, 2024

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                            1
                          IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                            ON THE 19 th OF FEBRUARY, 2024
                                       MISC. CRIMINAL CASE No. 40045 of 2023

                         BETWEEN:-
                         SHISHIRSINGH S/O BAGHSINGH MANDLOI,
                         AGED ABOUT 46 YEARS,
                         OCCUPATION: BUSINESS AND AGRICULTURE
                         R/O THIKRI
                         AT PRESENT SOUTH TUKOGANJ
                         INDORE (MADHYA PRADESH)

                                                                                          .....APPLICANT
                         (SHRI VIVEK SINGH - ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH
                         STATION HOUSE OFFICER THROUGH
                         POLICE STATION BALAKBADA
                         DISTT. KHARGONE (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                         (SHRI KAPIL MAHANT - PANEL LAWYER)
                         (SHRI VIJAY SHARMA, - ADVOCATE FOR RES./OBJECTOR)

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

                         following:
                                                             ORDER

This is first bail application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail who is apprehending his arrest in relation to F.I.R./Crime No.289/2023 dated (not mentioned), registered at Police Station-Bakalwada, District-Indore for the offence punishable under Sections 420, 467, of IPC, 1860.

2. Learned counsel for the applicant submits that in this case, earlier vide

order dated 05.10.2023, applicant was directed to appear before the Registrar and Stamp Vendor to execute the correction deed but the complainant party did not appear and therefore, the correction deed could not be executed. Learned counsel further submitted that in this regard petitioner has filed a civil suit before the Civil Judge, Kasrawad, District Mandleshwar and as per his pleadings the learned Civil Judge has passed the order in favour of the plaintiff with regard to rectification of sale deed. Although the Civil Judge has passed the judgment, exparte, however, default is on part of the complainant. The applicant is ready to co-operate with the investigation. final conclusion of trial will take considerable long time. Applicant is suffering from Chornic Calcific

Pancreatitis, and hence, he prays that the applicant be released on anticipatory bail.

4. Per-contra, learned counsel for the State has opposed the prayer by submitting looking to the forgery committed by the applicant, he is not entitled for bail.

5 . On the other hand, counsel for the complainant has submitted that earlier the complainant has opposed the petition, however, he submitted that he has no information regarding the compliance of order of this Court dated 05.10.2023.

6. Having taken into consideration of rival submissions, the facts and circumstances of the case so also the arguments advanced by the counsel for the parties, without expressing any opinion on the merits of the case, I am of the view that it is a case in which applicant may be released on anticipatory bail. Consequently, this first application f o r anticipatory bail filed on behalf of applicant is hereby allowed.

7. It is directed that in the event of arrest applicant be released on bail on

his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Arresting Authority. At stage of filing of charge-sheet by police, applicant shall furnish fresh bail bond of same amount before committal Court/trial Court to its satisfaction. The applicant shall comply with the following conditions:-

(i) that he/she shall make himself/herself available for interrogation by a police officer as and when required.

(ii) that he/she 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/her from disclosing such facts to the Court or to any police officer.

(iii) the applicants shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.

8. In case if the applicant is not arrested by investigating officer, applicant himself/herself shall surrender before Investigating Officer within 15 days from today and will join investigation. However, it is being made clear that in case of bail jump and in violation of any of conditions, this order shall become ineffective.

Certified copy, as per rules.

(PREM NARAYAN SINGH) JUDGE sumathi