Madhya Pradesh High Court
R.S.Bagadiya vs The State Of Madhya Pradesh on 18 January, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
The High Court Of Madhya Pradesh
MCRC No. 63544 of 2021
(R.S.BAGADIYA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 18-01-2022
Heard through Video Conferencing.
None for the applicant.
Shri Anshul Mishra, learned Panel Lawyer for the respondent/State.
Shri Shailendra Singh, learned counsel for the objector. Nobody had appeared for the applicant on 05.01.2022, 10.01.2022, 12.01.2022 and 14.01.2022.
This is first application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant, who is in custody since 29.11.2021 in connection with Crime No.395/2021 registered at Police Station Bhalumada, District Anuppur (M.P.) for the offence punishable under Sections 420, 406 and 409 of the Indian Penal Code.
As per the objector, applicant had entered into an agreement to sale and had taken sale consideration totaling Rs.12,50,000/- but did not execute the sale-deed in favour of the objector, as a result, some compromise was entered into between the parties and applicant had given a cheque which too has been dishonored.
Shri Anshul Mishra, learned Panel Lawyer opposes the application for bail and submits that there are seven criminal cases against the present applicant, and prays for rejection of bail.
Taking all these facts into consideration it appears that a civil dispute has been given a criminal colour, applicant has a remedy of filing suit for specific performance on the strength of the agreement and a case under Section 138 of Negotiable Instruments Act, if the cheque has been dishonored and without commenting anything on the merits of the case, the application is allowed.
Signature Not Verified SANIt is directed that applicant- R.S. Bagadiya be released on bail on his Digitally signed by APARNA TIWARI Date: 2022.01.19 14:01:41 IST 2 furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the Trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
The jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
Certified copy as per rules.
(VIVEK AGARWAL) JUDGE AT Signature Not Verified SAN Digitally signed by APARNA TIWARI Date: 2022.01.19 14:01:41 IST