Madhya Pradesh High Court
Rajendra Patel vs State Of Madhya Pradesh on 14 July, 2023
Author: Sujoy Paul
Bench: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SUJOY PAUL
ON THE 14 th OF JULY, 2023
MISC. CRIMINAL CASE No. 28572 of 2023
BETWEEN:-
ASHISH KUMAR PATEL S/O CHHOTELAL PATEL, AGED
ABOUT 34 YEARS, OCCUPATION: AGRICULTURIST R/O
H.NO. 88 VILLAGE LILWAR POLICE CHOWKI SIHAWAL
P.S. AMLIYA DISTRICT SIDHI (MADHYA PRADESH)
.....APPLICANT
(BY SHRI K.K. DWIVEDI - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION KOTWALI DISTRICT SIDHI (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI A.N. GUPTA - GOVERNMENT ADVOCATE)
MISC. CRIMINAL CASE No. 27972 of 2023
BETWEEN:-
ABHIMAN PATEL S/O SHRI AMBIKA PATEL, AGED
ABOUT 43 YEARS, OCCUPATION: CULTIVATION R/O
VILLAGE HAUDABANDH P.S. AMILIYA DISTRICT SIDHI
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI VIVEK SHUKLA - ADVOCATE)
AND
STATE OF MADHYA PRADESH THROUGH STATION
HOUSE OFFICER POLICE STATION KOTWALI DISTRICT
SIDHI (MADHYA PRADESH)
.....RESPONDENT
Signature Not Verified
Signed by: RAJESH KUMAR
JYOTISHI
Signing time: 7/14/2023
5:06:28 PM
2
(BY SHRI A.N. GUPTA - GOVERNMENT ADVOCATE)
MISC. CRIMINAL CASE No. 27983 of 2023
BETWEEN:-
ABHISHEK KUMAR PATEL S/O SHRI AMBIKA PATEL,
AGED ABOUT 27 YEARS, OCCUPATION: CULTIVATION
R/O VILLAGE HAUDABANDH P.S. AMILIYA DISTRICT
SIDHI (MADHYA PRADESH)
.....APPLICANT
(BY SHRI VIVEK SHUKLA - ADVOCATE)
AND
STATE OF MADHYA PRADESH THROUGH STATION
HOUSE OFFICER POLICE STATION KOTWALI DISTRICT
SIDHI (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI A.N. GUPTA - GOVERNMENT ADVOCATE)
MISC. CRIMINAL CASE No. 27987 of 2023
BETWEEN:-
RAJENDRA PATEL S/O SHRI KRISHNADHARI PATEL,
AGED ABOUT 32 YEARS, OCCUPATION: CULTIVATION
R/O VILLAGE CHITWARIYA NO. 1 OUT POST SIHAWAL
P.S. AMILIYA DISTRICT SIDHI (MADHYA PRADESH)
.....APPLICANT
(BY SHRI VIVEK SHUKLA - ADVOCATE)
AND
STATE OF MADHYA PRADESH THORUGH STATION
HOUSE OFFICER POLICE STATION KOTWALI DISTRICT
SIDHI (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI A.N. GUPTA - GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 7/14/2023 5:06:28 PM 3 Regard being heard to the similitude of the offence allegedly committed by applicants with the consent of parties matters are analogously heard and decided by this common order.
This is second visit of applicants to this Court for obtaining anticipatory bail. Previously, they filed M.CrC. No.4866/23 with other co-accused persons in total seven. This Court by order dated 31.01.2023 rejected the said application.
This is second application filed by the applicants under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail relating to FIR/Crime No.06/2023, registered at Police Station Kotwali, District Sidhi (M.P.) for the offences punishable under Sections 420, 467, 468 and 120-B/34 of the I.P.C.
Shri Kamlesh Dwivedi and Shri Vivek Shukla, learned counsel appearing for the applicants submit that the Co-ordinate Bench was kind enough in entertaining M.Cr.C. No.14342/2023 for similarly situated co-accused Urmila Patel and she was granted anticipatory bail on 25 April, 2023 (Annexure A/8). Urmila Patel was applicant No.7 in previous M.Cr.C. No.4866/2023.
It is common ground that this Court while passing order dated 25th April, 2023 in the case of Urmila Patel (supra) observed that the matter appears to be civil nature and a criminal angle is given to it. Learned counsel for the applicants drew the attention of this Court on the order dated 02.09.2022 passed in W.P. No.19615/2022 (Rajendra Kumar Patel vs. State of M.P. & others). It is canvassed that the said writ petition was filed by complainant Rajendra Kumar Patel against the present applicant wherein a direction was prayed for registration of FIR against the private respondents, who have fraudulently sold certain lands and executed land deeds, which is also subject matter of offending Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 7/14/2023 5:06:28 PM 4 civil suit. It is common ground that said writ petition was disposed of by observing that once matter is already seized by the Civil Court and land in question is subject matter of civil suit. This Court did not etertain the writ petition and observed that it is better for the petitioner to avail appropriate remedy by moving proper application before the same Court. Same Court means Civil Court. By suppressing this order of this Court, the complainant Rejendra Kumar Patel got the FIR registered. The dispute is of civil nature. The applicants will not temper the evidence or influenced the witnesses. The prosecution is mainly based on documentary evidence. Thus, on applying the principle of parity the applicants be given the benefit of anticipatory bail.
Learned Government Advocate for the State has opposed the prayer. Heard the parties at length and perused the record.
This Court in the case of Urmila Patel decided on 25th April, 2023(Annexure A/8) observed as under:-
"3. In fact, she is the bonafide purchaser and she purchased land from Shubhlayak Patel who happens to be father of complainant and when complainant being son did not get the property from his father then this case has been registered just to exert pressure. A civil suit was also preferred at the instance of complainant but did not succeed into it and, therefore, to circumvent the proceedings this criminal case has been filed. She gave due consideration to Shubhlayak Patel who not only executed sale-deed in her favour but also participated in mutation proceedings in which Tehsildar mutated the name of the applicant over the land in question. Therefore, it is not a case where Shubhlayak Patel was Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 7/14/2023 5:06:28 PM 5 ignorant about the sale-deed executed in favour of the present applicant. She is not the family member of other co-accused. She is a lady aged 43 years and bonafide purchaser, therefore, confinement may bring social disrepute and personal inconvenience specially when the case is on false pretext against the present applicant. Applicant undertakes to cooperate in the investigation/trial and to make herself available as and when required. Upon these grounds, learned counsel prayed for grant of anticipatory bail to the applicant.
4. Learned Government Advocate opposed the prayer for anticipatory bail.
5. Heard learned counsel for the parties at length and perused the case-diary.
6. Considering the submissions advanced by learned counsel for the parties, this Court is inclined to grant anticipatory bail to the applicant but with certain stringent conditions. It is hereby directed that in the event of arrest, applicant shall be released on bail on her furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Authority/trial Court."
The prosecution has not produced anything before this Court to show that the applicants can plea from justice. Considering the nature of acquisition and litigation coupled with the fact that the Co-ordinate Bench has already granted anticipatory bail to Urmila Patel. I deem it proper to apply principle of parity and grant the present applicants anticipatory bail. Thus, without expressing any opinion on the merits of the case.
Accordingly, in the event of arrest, the applicants, Ashish Kumar Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 7/14/2023 5:06:28 PM 6 Patel, Abhiman Patel, Abhishek Patel and Rajendra Patel be released on anticipatory bail on their furnishing a personal bond in a sum of Rs.50,000/- (Rs. Fifty Thousand only) each along with one surety each in the like amount to the satisfaction of arresting officer for their appearance before the Investigating Officer during the course of investigation as and when directed.
Conditions of Section 438(2) of Cr.P.C. shall also apply on the applicants during currency of bail.
The M.Cr.C is disposed off.
SUJOY PAUL) JUDGE rj Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 7/14/2023 5:06:28 PM