Madhya Pradesh High Court
Smt. Maya Devi vs The State Of Madhya Pradesh on 16 September, 2021
Author: Anand Pathak
Bench: Anand Pathak
1
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.45513/2021
(Smt. Maya Devi Vs. State of M.P. and others)
Gwalior, Dated:16.09.2021
Shri Harshit Sharma, learned counsel for the applicant.
Smt. Kalpana Parmar, learned PL for the respondent/State.
Shri Sankalp Sharma, learned counsel for complainant. The applicant has filed this second bail application u/S.438, Cr.P.C. for grant of bail. Applicant is apprehending his arrest in respect of registration of Complaint Case at R.C.T. No.676/2021 pending before learned JMFC, Ambah, District Morena in relation to the offence punishable under Sections 465, 474, 120-B of IPC.
At the outset, learned counsel for the complainant informed this court that on the basis of telephonic instruction, he appeared on behalf of complainant.
It is the submission of learned counsel for the applicant that applicant is a Sarpanch of Gram Panchayat, Rajoda and is apprehending her arrest on the basis of issuance of arrest warrant in the private complaint at the instance of respondent No.2/complainant for alleged offence under Sections 465, 474, 120-B of IPC. Counsel for the applicant at the outset specifically submits that offence under Sections 465 and 474 of IPC are 2 bailable in nature and therefore, issuance of arrest warrant is illegal. Right course would have been the issuance of summons. He relied upon the Judgment of Apex Court in the cases of Inder Mohan Goswami Vs. State of Uttaranchal reported in ((2008) 1 SCC (Cri) 259) and recently in case of Aman Preet Singh Vs. C.B.I. through Director passed in CRA.No.929/2021 on 02.09.2021. Learned counsel fairly submitted on behalf of applicant that she is ready to cooperate in investigation and is also ready to submit all relevant documents which are in his possession for fair investigation including register as sought by the authorities. Applicant does not bear any tainted criminal background except one or two cases of minor nature. It is further submitted by counsel for the applicant that this is her second visit, but in earlier round of bail, counsel for the applicant could not refer the fact that all offences are bailable in nature, therefore, even otherwise as before Section 439 of Cr.P.C., when offences are bailable then arrest warrant ought not have been issued. He relied upon the judgment in the case of Imratlal Vishwakarma And Ors. vs State Of Madhya Pradesh reported in 1996 JLJ 642 to submit that second anticipatory bail is maintainable. Confinement may bring social disrepute and personal and 3 professional inconvenience. He further intends to perform community service voluntarily by serving the environment and National/Social cause by contributing his part voluntarily to purge his misdeeds. Under these grounds, he prayed for anticipatory bail.
Learned Panel Lawyer for the respondent/State opposed the prayer and prayed for dismissal.
Leaned counsel for the complainant also opposed the prayer and submitted that applicant was instrumental in causing removal of his wife from the government job in Panchayat by forging documents. However, he fairly submitted that offence under Sections 465 and 474 of IPC are bailable in nature.
Heard learned counsel for the parties at length and considered the arguments advanced by them through case diary.
Considering the submissions and the facts that offence under Sections 465 and 474 of IPC are bailable in nature and also looking to the effect of Section 436 of Cr.P.C. as well as the undertaking given by the counsel for the applicant on behalf of applicant that she shall cooperate in investigation and would make available all relevant documents before the Investigating Officer therefore, I deem it appropriate to allow this application 4 under Section 438 of Cr.P.C. and it is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of Investigating Officer/Investigating Agency.
It is made clear that in case of any alteration of offence, this order shall lose its efficacy as per law.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant shall regular appear in the trial Court and shall not seek unnecessary adjournments during the trial; and;
6. The applicant will not leave India without previous permission of the trial Court/Investigating 5 Officer, as the case may be.
7. Applicant shall cooperate in investigation and trial and would himself available as and when required by the concerned authority.
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Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance, if possible, from the office of this Court.
Certified copy as per rules/directions.
(Anand Pathak)
Rashid Judge
Digitally signed by RASHID KHAN
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=23377d7d214c811801fc322b576ca4ed1954237f6324416af3985b5e99 40ed42, pseudonym=D0D045404B6F6AB1225B3600B86B72153386BADD, serialNumber=111CC474A72B078DC9A89F3CB13BB668FD8E0E91BEDA3CB721 BBD836D768B09C, cn=RASHID KHAN Date: 2021.09.17 11:38:06 +05'30'