Madhya Pradesh High Court
Chhotelal Kol @ Chhotakva vs The State Of Madhya Pradesh on 31 May, 2024
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 31st OF MAY, 2024
MISC. CRIMINAL CASE No. 21259 of 2024
BETWEEN:-
1. CHHOTELAL KOL @ CHHOTAKVA S/O
CHUNKAI KOL, AGED ABOUT 55 YEARS,
OCCUPATION: FARMER R/O WARD NO 12,
RAMPUR BAGHELAN DISTRICT SATNA
(MADHYA PRADESH)
2. MOTILAL SINGH PATEL S/O RAMKUMAR
PATEL, AGED ABOUT 65 YEARS,
OCCUPATION: FARMER R/O VILLAGE
BANDHA P.S. RAMPUR BAGHELAN DISTRICT
SATNA (MADHYA PRADESH)
3. DURGESH SINGH PATEL S/O MOTILAL SINGH
PATEL, AGED ABOUT 40 YEARS,
OCCUPATION: FARMER R/O VILLAGE
BANDHA P.S. RAMPUR BAGHELAN DISTRICT
SATNA (MADHYA PRADESH)
4. UMESH SINGH PATEL S/O MOTILAL SINGH
PATEL, AGED ABOUT 42 YEARS,
OCCUPATION: FARMER R/O VILLAGE
BANDHA P.S. RAMPUR BAGHELAN DISTRICT
SATNA (MADHYA PRADESH)
5. MUKESH SINGH PATEL S/O MOTILAL SINGH
PATEL, AGED ABOUT 35 YEARS,
OCCUPATION: FARMER R/O VILLAGE
BANDHA P.S. RAMPUR BAGHELAN DISTRICT
SATNA (MADHYA PRADESH)
.....APPLICANTS
(BY SHRI OM PRAKASH TRIPATHI - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION RAMPUR BAGHELAN DISTRICT
SATNA (MADHYA PRADESH)
2
.....RESPONDENT
(BY SHRI K.S. BAGHEL - GOVERNMENT ADVOCATE )
This application coming on for hearing this day, the 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. Applicants are apprehending their arrest in connection with Crime
No.326/2018, registered at Police Station Rampur Baghelan, District
Satna for offence under Sections 294, 379 read with Sections 149, 447,
427, 506, 395 of IPC.
4. It is submitted by counsel for applicants that applicants were
granted bail but later on, in the light of order dated 15.03.2024 passed
by this Court in MCRC No.40369/2022 filed by Ashok Kumar
Tripathi/complainant, this Court had given a finding that prima facie
ingredients of Section 390 of IPC punishable under Section 395 of IPC
are available on record and accordingly, Trial Court committed a
material illegality by not taking cognizance of offence under Section
395 of IPC. It is submitted that since offence under Section 395 of IPC
is triable by Sessions Court, therefore, the applicants moved an
application for grant of anticipatory bail. However, the same has been
rejected by order dated 10.05.2024.
5. Per contra, the application is vehemently opposed by counsel for
State.
6. Heard the learned counsel for the parties.
7. It is not the case of the respondent that any additional material
was collected. On the basis of the allegations which were made against
the applicants, they were granted regular bail.
8. The Supreme Court in the case of Pradeep Ram v. State of
Jharkhand and another, reported in AIR (2019) SC 3193 has held as
under:
"31. In view of the foregoing discussions, we arrive
at the following conclusions in respect of a
circumstance where after grant of bail to an accused,
further cognizable and non-bailable offences are
added:
31.1. The accused can surrender and apply for bail
for newly added cognizable and non-bailable offences.
In event of refusal of bail, the accused can certainly be
arrested.
31.2. The investigating agency can seek order from
the court under Section 437(5) or 439(2) CrPC for
arrest of the accused and his custody.
31.3 The court, in exercise of power under Section
437(5) or 439(2) CrPC, can direct for taking into
custody the accused who has already been granted bail
after cancellation of his bail. The court in exercise of
power under Section 437(5) as well as Section 439(2)
can direct the person who has already been granted
bail to be arrested and commit him to custody on
addition of graver and non-bailable offences which
may not be necessary always with order of cancelling
of earlier bail.
31.4. In a case where an accused has already been
granted bail, the investigating authority on addition of
an offence or offences may not proceed to arrest the
accused, but for arresting the accused on such addition
of offence or offences it needs to obtain an order to
arrest the accused from the court which had granted
the bail."
9. Therefore, merits of the case are considered.
10. It is not the case of respondent that the applicants had ever
misused the liberty granted to them.
11. Considering the totality of the facts and circumstances of the case,
this Court is of considered opinion that the applicants have made out a
case for grant of anticipatory bail.
12. Accordingly, it is directed that in case if applicants appear before
the trial Court on or before 07.07.2024 and furnish personal bonds in the
sum of Rs.1,00,000/- (Rupees One Lakh Only) each with one surety
each in the like amount to the satisfaction of the trial Court, then they
shall be released on bail.
13. The bail order shall continue till conclusion of the trial. However,
in case of bail jump, the trial Court can cancel the bail order.
14. A copy of this order be communicated to the complainant in the
light of judgment passed by the Supreme Court in the case of Aparna
Bhat and Ors. Vs. State of M.P. passed on 18.03.2021 in Criminal
Appeal No.329/2021.
15. With aforesaid observation, the application is allowed.
(G.S. AHLUWALIA)
JUDGE
vc
VARSHA CHOURASIYA
2024.05.31 19:54:19
+05'30'
