Madhya Pradesh High Court
Ranjan Kumar Sinha vs Union Of India on 5 April, 2022
Author: Sheel Nagu
Bench: Sheel Nagu, Maninder S Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SHEEL NAGU
&
HON'BLE SHRI JUSTICE MANINDER S BHATTI
ON THE 5th OF APRIL, 2022
MISC. CRIMINAL CASE No. 12729 of 2022
Between:-
RANJAN KUMAR SINHA S/O LATE SHRI S.N.
PRASAD , AGED ABOUT 53 YEARS, OCCUPATION:
BANK EMPLOYEE R/O BANKMEN COLONY,
CHITRAGUPT NAGAR, KANKERBAGH, PATNA
(BIHAR (BIHAR)
.....PETITIONER
(BY SHRI MANISH DATT, SENIOR ADVOCATE WITH SHRI
SIDDHARTH DATT, ADVOCATE)
AND
UNION OF INDIA THROUGH CENTRAL BUREAU OF
INVESTIGATION AND ANTI CORRUPTION BUREAU
CHAAR IMLI, ANVESHAN PARISHAR, BHOPAL
M.P. (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI J.K. JAIN, ASSISTANT SOLICITOR GENERAL )
This petition coming on for admission this day, JUSTICE SHEEL
NAGU passed the following:
ORDER
T he challenge in this petition is to the order by which an application for cancellation of warrant of arrest filed by u/S 70 of sub-section (2) of Cr.P.C. has been rejected on the ground that applicant-accused did not appear as and when the prosecution filed their charge-sheet in respect of Crime No. RC0082020A0002 alleging offences punishable u/S 120-B r/w Sections 407, 420, 467, 468, 471 and 201 of IPC and Sections 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 registered at P.S. Bhopal.
T he records as well as the reply filed by CBI reveals that applicant had cooperated during the investigation which ended in filing of charge-sheet on 14.01.2022 before the trial Court.
Signature Not VerifiedLearned counsel has relied upon the decision of Apex Court recently SAN Digitally signed by SHUBHAM THAKKER Date: 2022.04.08 11:25:26 IST pronounced in the case of Siddharth Vs. The State of Uttar Pradesh & Anr. in 2 Criminal Appeal No.838/2021 (Annexure P/3) and Satender Kumar Antil Vs. CBI & Anr. in Special Leave to Appeal (Crl.) No.5191/2021 (Annexure P/4) and Amanpreet Singh Vs. Republic of India (CBI) in Special Leave to Appeal (Crl.) No.5234/2021 (Annexure P/5) to contend that the requirement of arresting an accused who has cooperated during the process of investigation merely due to filing of charge-sheet gets obviated.
After hearing learned counsel for the rival parties, this Court is of the considered view that since it is not disputed that the present applicant had cooperated in the investigation and their investigation stands concluded by filing of charge-sheet. The question of arresting the applicant would be an exercise in futility.
Accordingly, impugned order dated 19.01.2022 passed by trial Court rejecting the application u/S 70 of sub-section (2) of Cr.P.C. is quashed the impugned order to the extent it relates to rejection of application u/S 70 of sub- section (2) of Cr.P.C. is set aside. The subject to the fact that applicant appears and furnishes bail bond to the satisfaction of Learned Trial Judge on or before 12.04.2022.
Accordingly, the application stands disposed of.
C.c. as per rules.
(SHEEL NAGU) (MANINDER S BHATTI)
JUDGE JUDGE
Shub
Signature Not Verified
SAN
Digitally signed by SHUBHAM THAKKER
Date: 2022.04.08 11:25:26 IST