Madhya Pradesh High Court
Arvind Pandey vs The State Of Madhya Pradesh on 31 May, 2024
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 31 st OF MAY, 2024
MISC. CRIMINAL CASE No. 20835 of 2024
BETWEEN:-
ARVIND PANDEY S/O LATE RAJNARAYAN PANDEY,
AGED ABOUT 52 YEARS, OCCUPATION: CONTRACTOR
R ESID EN T OF VILLAGE KUDAN POLICE STATION
BHEDAGHAT DISTRICT JABALPUR (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI MANISH DATT - SENIOR ADVOCATE WITH SHRI SHUBHAM
MISHRA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
S TATI O N PATAN DISTRICT JABALPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI AKSHAY NAMDEO - GOVT. ADVOCATE )
This application coming on for admission this day, the court passed the
following:
ORDER
This is the third bail application filed by applicant under Section 438 of
Cr.P.C. for grant of anticipatory bail relating to Crime No.77 /2014, registered at
Police Station-Patan District-Jabalpur (MP) for the offence under Section 420,
506/34 of IPC & Section 66-D of Information & Technology Act.
2. Learned counsel appearing for the applicant submitted that applicant
was released on bail by Sessions Court, thereafter he was regularly attending the
trial. Case was at the final stage when applicant did not appear and arrest
warrants were issued against him. It is submitted that non-appearance of
applicant was not intentional. There was death of one of the Co-accused person
in the case and proceedings were pending, therefore, applicant did not appear
as no information was given to him by his counsel. It is submitted that if the
applicant is released on anticipatory bail, he will immediately appear before the
trial on 10.06.2024. In these circumstances, applicant may be released on
anticipatory bail.
3. Learned Government Advocate appearing for the State opposed the
anticipatory bail application and submitted that final judgment has been passed,
therefore, application for anticipatory bail at this stage is not maintainable.
4. Heard learned counsel for the parties.
5. No final judgment has been passed in respect of applicant. His trial is
separated from others.
6. In view of same, anticipatory bail application filed by the applicant is
allowed on condition that applicant will appear before the trial court on
10.06.2024 and all other dates as may be assigned by trial Court for
appearance. It is directed that in the event of arrest of applicant in connection
with the aforesaid crime number and the offences, he be released on bail on
furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand
only) with one surety of the like amount to the satisfaction of the Investigating
Officer/Arresting Authority.
7. Applicant shall abide by the following conditions under Section 438(2)
of Cr.P.C:-
(a) Applicant shall make himself available for interrogation by a
Police Officer as and when required;
(b) he shall not, directly or indirectly, make any inducement,
threat or promise to complainant or witnesses;
(c) he shall not leave India without the previous permission
of the Court;
(d) he shall not commit similar offence, of which, he is
accused or suspected.
8. Certified copy as per rules.
(VISHAL DHAGAT)
JUDGE
nd
