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Madhya Pradesh High Court

Devendra Detani vs The State Of Madhya Pradesh on 1 August, 2022

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                           BEFORE
                                             HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                    ON THE 1st OF AUGUST, 2022

                                           MISC. CRIMINAL CASE No. 37295 of 2022

                                  Between:-
                          1.      DEVENDRA DETANI S/O SHRI MAHESH KUMAR
                                  DETANI, AGED ABOUT 28 YEARS, OCCUPATION:
                                  BUSINESS R/O 193 ONETREE HILLS BAIRAGARH
                                  BHOPAL (M.P.) (MADHYA PRADESH)

                          2.      SMT. HANISHA TALREJA W/O SHRI DEVENDRA
                                  DATANI, AGED ABOUT 28 YEARS, OCCUPATION:
                                  BUSINESS R/O 193 ONETREE HILLS BAIRAGARH
                                  BHOPAL (M.P.) (MADHYA PRADESH)

                          3.      DINESH TALREJA S/O SHRI PRATAP TALREJA,
                                  AGED   ABOUT     23  YEARS, OCCUPATION:
                                  BUSINESS R/O A-46 PHASE -2 ROHIT NAGAR
                                  BHOPAL   DISTRICT    BHOPAL    (MADHYA
                                  PRADESH)

                                                                                          .....PETITIONER
                                  (BY MR. ANKIT SAXENA, ADVOCATE)

                                  AND

                                  THE STATE OF MADHYA PRADESH THROUGH
                                  POLICE STATION     HABIBGANJ   DISTRICT
                                  BHOPAL (M.P.) (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                                  (BY MR. C.K.MISHRA, GOVT. ADVOCATE)

                                This application coming on for hearing on this day, the court passed
                          the following:
                                                              ORDER

T his is first application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail. Applicants are apprehending their arrest in connection with Crime No.256/2022, registered at Police Station-Habibganj, Signature Not Verified Signed by: NEETI TIWARI Signing time: 8/2/2022 12:32:36 PM 2 District-Bhopal (M.P.) for offences punishable under Sections 353, 332, 186/34 & 333 of IPC.

Learned counsel appearing for the applicants submitted that initially police had registered offence against the applicant under Section 353, 332, 186 & 34 of IPC. Later on Section 333 of IPC was also added. It is submitted that applicants were enlarged on bail but after being enlarged on bail, Section 333 was added. It is submitted that since said offence is triable by Sessions Court, therefore, Judicial Magistrate First Class cannot grant bail to the applicant in this section. Applicant had filed an application for anticipatory bail but same was dismissed by Sessions Court on ground that whether Section 333 of IPC is made out is to be considered at the time of trial. In these circumstances, prayer is made to enlarge the applicant on anticipatory bail.

Government Advocate appearing for State opposed the application for anticipatory bail.

Heard learned counsel for the parties.

Considering the fact that there is no opinion of doctor or any other Pre MLC, which shows that injury caused on a public servant is grievous in nature, application filed by applicant for grant of anticipatory bail is allowed.

It is ordered that in the event of arrest of the applicants-Devendra Detani, Smt. Hanisha Talreja & Dinesh Talreja in connection with the aforesaid crime number and the offence, on their furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with two solvent sureties in the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

Applicant will further abide by the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE nd Signature Not Verified Signed by: NEETI TIWARI Signing time: 8/2/2022 12:32:36 PM