Madhya Pradesh High Court
Dalveer Singh vs The State Of Madhya Pradesh on 20 January, 2015
(Dalveer Singh Vs. State of M.P.) 1 M.Cr.C. No. 284/2015
20/01/2015
Shri Bhupendra Singh Chauhan, Advocate for the applicant.
Shri Kuldeep Singh, Panel Lawyer for the respondent/State.
Heard.
This is the first application under Section 438 of the Cr.P.C. for grant of anticipatory bail, as per the affidavit submitted by the applicant Dalveer Singh.
The applicant apprehends his arrest in connection with Crime No. 412/2014 registered at Police Station Hujrat Kotwali district Gwalior for the offence punishable under Sections 420, 467, 471 and 120-B of IPC.
As per the prosecution story, the applicant was given power of attorney by the complainant's company Shruti Infrastructure Pvt. Ltd., in which it is alleged that it was given in relation to Survey No. 191 situated at village Ohadpur Pargana district Gwalior measuring area 0.063 hectare. But subsequently, it is alleged that the applicant included Survey No. 142/1 consisting area 0.253 hectare also and the total land becomes 0.316 hectare in the power of attorney, whereas such power of attorney was not executed for the second survey number and the applicant is alleged to have sold out the whole land.
On behalf of the applicant, it is submitted that a civil suit has been filed by Shruti Infrastructure Pvt. Ltd. against the applicant and others which is numbered as 25-A/2014 pending in the Court of 5th Additional District Judge, Gwalior. It is also submitted that the total land consisting of area 0.316 hectares only be arrived if both the survey numbers, i.e., Survey No. 191 consisting of area 0.063 hectare and Survey No. 142/1 consisting of area 0.253 hectare is summed up. It is also pleaded that the matter is a dispute of civil nature and civil suit is pending in this regard, (Dalveer Singh Vs. State of M.P.) 2 M.Cr.C. No. 284/2015 the present criminal case filed by Shruti Infrastructure Pvt. Ltd. is not maintainable. On the above grounds, applicant prays for anticipatory bail.
On behalf of the State, learned Panel Lawyer opposed the application stating that deliberately such manipulation has been committed by the applicant. Hence, he prayed for rejection of the application.
On behalf of the applicant, copy of order dated 09.07.2014 has been produced. Learned 5th Additional District Judge, Gwalior decided the application under Order 39 Rule 1 & 2 read with Section 151 of CPC, in which it is observed that the dispute regarding the contention of manipulation by adding Survey No. 142/1 can only be decided after adducing evidence.
It is also seen from the "Bhu Adhikar Pustika" that land bearing Survey No. 191 is consisting of 0.063 hectare.
Keeping in view the above facts and circumstances of the case and in view of the fact that the applicant has no criminal antecedents, without commenting anything on the merits of the case, I deem it proper to allow this application. Accordingly, this application under Section 438 of Cr.P.C. for anticipatory bail is allowed.
It is directed that applicant will make himself present before the Arresting Officer within 10 days from today and in the event of his arrest, the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer.
The applicant is directed to join the investigation immediately and to fully co-operate with the investigation. He shall further abide by other (Dalveer Singh Vs. State of M.P.) 3 M.Cr.C. No. 284/2015 conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
In view of the ratio laid down by the Hon'ble Apex Court in Siddharam Satlingappa Mehtre Vs. State of Maharashtra and others reported in JT 2010 (13) SC 247, this order shall remain in force till the end of trial. However, the applicant has to furnish a fresh bail bond and surety before the Trial Court after filing of the challan.
A copy of this order be sent to the concerned Court for compliance.
Certified copy as per rules.
(S.K. Palo) Judge Abhi*