Madhya Pradesh High Court
Anil Parwani vs The State Of Madhya Pradesh on 14 July, 2021
Author: Satyendra Kumar Singh
Bench: Satyendra Kumar Singh
1 MCRC-33046-2021
The High Court Of Madhya Pradesh
MCRC-33046-2021
(ANIL PARWANI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 14-07-2021
Heard through Video Conferencing.
Shri Basant Raj Pandey, learned counsel for the applicant.
Ms. Seema Pandey, learned P. L. for respondent/ State.
Case diary is available with the learned P. L. This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested in connection with Crime No.432/2021, registered at P. S. Lalbagh District Burhanpur for commission of offence punishable under Sections 420, 406/34 of IPC.
It is alleged against the applicant that he along with other co-accused took money from the complainant and other persons on the assurance to give them developed plots.
Learned counsel for the applicant has submitted that the applicant is ready to execute registered sale deed in favour of the complainant after receiving full payment of consideration, as the complainant has paid only Rs.92,500/- instead of Rs.1,33,200/-. amount of consideration. Complainant has alternative remedy of filing civil suit for specific performance. No case is made out against the applicant, therefore, he be released on bail.
Learned counsel for the State opposes the bail application and submitted that the applicant along with co-accused have taken money from the complainant and other persons on the assurance to give them developed plots. The allegations made against the applicant are serious in nature. Hence, he be not released on bail.
Considering the facts and circumstances of the case, particularly the fact that the complainant has paid only Rs.92,500/- instead of Rs.1,33,200/-, I am of the considered view that it is a fit case for grant of bail to the applicant. Hence, without commenting on merits, this application is allowed. Signature Not SAN Verified It is directed that the applicant shall be released on bail on furnishing Digitally signed by KRISHAN KUMAR CHOUKSEY Date: 2021.07.15 12:33:57 IST 2 MCRC-33046-2021 his personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) along with one solvent surety of the like amount to the satisfaction of the trial Court to appear before the court on the dates given by the concerned Court. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.
I n view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/ guidelines issued by the Government with regard to COVID-19 before releasing the applicant.
This M.Cr.C. stands allowed and disposed of.
C. C. as per rules.
(SATYENDRA KUMAR SINGH)
JUDGE
kkc
Signature
SAN Not
Verified
Digitally signed by
KRISHAN KUMAR
CHOUKSEY
Date: 2021.07.15
12:33:57 IST