[Cites 5, Cited by 0]
Madhya Pradesh High Court
Smt Parwatibai vs The State Of Madhya Pradesh on 9 February, 2026
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2026:MPHC-IND:4085
1 MCRC-4797-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 9 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 4797 of 2026
SMT PARWATIBAI AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Yash Pal Rathore - Advocate for the applicants - Smt. Parwatibai
and Gopal.
Shri Tarun Pagare - G.A. for State.
Shri Lokesh Shivhare - Advocate for the objector.
ORDER
1] They are heard. Perused the case-diary.
2] This is the first application filed by the applicants Smt. Parwatibai and
Gopal under Section 482 of the Bhartiya Nagrik Suraksha Sanhita,
2023/Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory
bail as they are apprehending their arrest in connection with Crime
No.16/2026 registered at Police Station Pipliyamandi, District Mandsaur for
the offence punishable under Sections 316(2) & 318(4) of B.N.S., 2023.
3] The allegation against the applicants is of fraud.
4] Counsel for the applicants has submitted that, admittedly, an
agreement took place between the parties for the sale of the applicants' land,
and since the sale deed could not be executed, the complainant has lodged
NEUTRAL CITATION NO. 2026:MPHC-IND:4085
2 MCRC-4797-2026
the FIR. Counsel has also submitted that as of now Rs.2.40 lakhs has been
received by the applicants, and they are ready to deposit the amount, and
otherwise also it is a case of civil nature.
5] Counsel for the respondent/objector, on the other hand, has opposed
the prayer, and it is submitted that the amount if so deposited by the
applicants may be allowed to be withdrawn.
6] Counsel for the State has opposed the prayer.
7] Having considered the rival submissions, perusal of the case-diary,
and the undertaking given by the counsel for the applicants, this Court finds
that since the applicants are also ready to deposit the amount, the application
can be allowed, subject to deposit of Rs.2.40 lakhs in the concerned trial
Court.
8] Accordingly, without reflecting anything on the merits of the case, the
application filed under Section 482 of BNSS, 2023 / 438 of Cr.P.C. on behalf
of the applicants is hereby allowed, subject to deposit a sum of Rs.2,40,000/-
(Rupees two lakhs forty thousand only) by the applicants or any other person
on their behalf, and the said amount shall be subject to the final outcome of
the case by the trial Court. It is further directed that upon applicants'
depositing a sum of Rs.2,40,000/- (Rupees two lakhs forty Thousand only) in
a fixed deposit in a nationalized bank and producing the receipt/certificate of
the same before the concerned trial Court, applicants Smt. Parwatibai and
Gopal shall be released on bail, upon their executing a personal bond in the
sum of Rs.25,000/- (rupees twenty five thousand only) each and furnishing
separate solvent surety in the like amount to the satisfaction of the Arresting
Officer (Investigating Officer). The applicants shall make themselves
NEUTRAL CITATION NO. 2026:MPHC-IND:4085
3 MCRC-4797-2026
available for interrogation by a Police Officer, as and when required. The
deposit receipt/certificate so produced by the applicants shall be endorsed by
the learned Judge of the lower Court to be, 'furnished towards the bail of the
applicant and shall be subject to the final decision of the case by the trial
Court'. The applicants shall further abide by the other conditions enumerated
in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.
9] It is also directed that if an application for withdrawal of the
amount is filed before the concerned trial Court, the same shall be decided
by the trial Court, in accordance with law.
10] Accordingly, present application is allowed and disposed of.
(SUBODH ABHYANKAR)
JUDGE
Pankaj
