Madhya Pradesh High Court
Makhanlal Pawar vs The State Of M.P. on 14 September, 2020
Author: Jagdish Prasad Gupta
Bench: Jagdish Prasad Gupta
1 MCRC-32951-2020
The High Court Of Madhya Pradesh
MCRC-32951-2020
(MAKHANLAL PAWAR Vs THE STATE OF M.P.)
1
Jabalpur, Dated : 14-09-2020
Heard through Video Conferencing.
Shri Bramhdatt Singh, Advocate for the applicant.
Shri Alok Gupta, PL. for the Respondent/State.
Heard.
This is first bail application filed by the applicant/accused under Section 438 of Cr.P.C for grant of anticipatory bail, who is apprehending his arrest in connection with Crime No.199/2020 registered at Police Station- Obedullaganj District Raisen (MP) for offences punishable under Sections 377 of the IPC.
The allegation against the applicant is that he committed unnatural sexual act with the victim.
Learned counsel for the applicant submitted that t he applicant is innocent. Looking to the allegation, it appears that this is a case of consent and Hon'ble the Apex Court in the judgement of Navtej Singh Johar and others vs. Union of India (2018) 10 SCC 1) has partially struck down Section 377 of the IPC, therefore, if the unnatural sex is committed with consent and the victim is major, no offence is made out. In the circumstances, applicant's custody is not warranted. There is no likelihood of his absconding or tampering with the witnesses. Hence, it is prayed that the applicant/accused be also released on anticipatory bail.
Learned Panel Lawyer opposing the submissions made on behalf of the applicant has prayed for rejection of the bail application.
Having considered the contentions of learned counsel for the parties, this application is allowed . It is directed that in the event of arrest or surrender of applicant Makhanlal Pawar before the Arresting Authority/ Investigating Officer in relation to aforementioned Crime number, within a period of 15 days from today, he shall be enlarged on anticipatory bail on his furnishing a personal bond in the sum of Rs. 40,000/ -[ R s. Fifty thousand only] with one solvent surety in the like amount to the satisfaction of the Arresting Authority/Investigating Officer.
The applicant/accused is directed to join the investigation immediately and fully co-operate with the investigation. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
Certified copy as per rules.
Signature SAN Not Verified Digitally signed by VIJAY LAKSHMI JHA Date: 2020.09.14 17:19:21 IST 2 MCRC-32951-2020 (J. P. GUPTA) JUDGE vj Signature SAN Not Verified Digitally signed by VIJAY LAKSHMI JHA Date: 2020.09.14 17:19:21 IST