Smt. Anjana Agrawal vs The State Of Madhya Pradesh on 10 May, 2023

[Cites 8, Cited by 0]

Madhya Pradesh High Court

Smt. Anjana Agrawal vs The State Of Madhya Pradesh on 10 May, 2023

Bench: Prem Narayan Singh

                                  1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                          BEFORE
         HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                       ON THE 10 th OF MAY, 2023
              MISC. CRIMINAL CASE No. 16438 of 2023

BETWEEN:-
1.    SMT. ANJANA AGRAWAL W/O SHRI SURESH
      AGRAWAL,    AGED   ABOUT   52   YEARS,
      OCCUPATION: HOUSEWIEF WARD NO. 9 NEAR
      JAIPURIYA SCHOOL AMRIT COLONY BHARHUT
      NAGAR POLICE STATION KULGAWAN TEHSIL
      RAGHURAJNAGAR DISTRICT SATNA (MADHYA
      PRADESH)

2.    SURESH AGRAWAL S/O LATE SHRI AMRITLAL
      AGRAWAL,    AGED    ABOUT   60   YEARS,
      OCCUPATION: BUSINESS R/O WARD NO.9 NEAR
      JAIPURIYA SCHOOL AMRIT COLONY BHARHUT
      NAGAR POLICE STATION KULGAWAN TEHSIL
      RAGHURAJNAGAR DISTRICT SATNA 485001
      (MADHYA PRADESH)

                                                                .....APPLICANT
(BY SHRI SANJAY KUMAR VERMA - ADVOCATE )

AND
THE STATE OF MADHYA PRADESH THROUGH STATION
ENCHARGE POLICE STATION CIVIL LINES SATNA
DISTRICT SATNA (MADHYA PRADESH)

                                                              .....RESPONDENT
(BY SHRI YOGENDRA DAS YADAV - GOVERNMENT ADVOCATE AND
SHRI SANKALP KOCHAR - ADVOCATE FOR OBJECTOR)

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


                                   ORDER

This is first bail application filed by the applicants under Section 438 of 2 the Cr.P.C. for grant of anticipatory bail relating to FIR No. 668/2022 registered at Police Station-Civil Lines, District-Satna for the offence under Sections 420, 34, 467, 468, 471, 120-B of IPC.

Applicants apprehending their arrest in the aforesaid offence has knocked the portal of this Court for grant of anticipatory bail.

In course of argument, learned counsel for the applicants has requested that if this Court is not inclined to grant anticipatory bail, interim relief should be granted for 45 days, In between, he will surrender before the trial Court and move the application for regular bail.

Learned counsel for the State as well as learned counsel for the objector has opposed the grant of anticipatory bail to the applicants. Shri Sankalp Kochar- Advocate has requested that if such type of relief has been granted to the applicants, it should be clearly mentioned in the order that the trial Court will not be influenced by this order at the time of deciding bail application if regular bail application is filed by the applicants before the trial Court.

At the outset, I have considered the applicants' bail application under Section 438 of Cr.P.C. In view of the arguments and huge money involved in the matter, I do not find to allow this anticipatory bail application on behalf of the applicants. Now turning to the alternative argument of the applicants' counsel regarding interim relief.

Having taken into consideration all the facts and circumstances of the case and submission made by learned counsel for the applicants, specially the order dated 20.04.2023 passed by the Coordinate bench of this Court, it appears just and proper to release the applicants on interim relief for 45 days i.e. from 10.05.2023 to 23.06.2023. In the result thereof, it is directed that in the event of arrest on or before 23.06.2023, the applicants be released on bail on 3 their furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each with one surety each in the like amount to the satisfaction of the Arresting Authority with the condition enshrined under Section (2) of Section 438 of Cr.P.C. In case of filing the charge-sheet by police, meanwhile, applicants shall furnish fresh bail bond of same amount before learned trial Court to its satisfaction.

As per submission made by learned counsel for the applicants, after 45 days i.e. 23.06.2023, this interim relief will be cancelled automatically and in between if learned counsel for the applicants has filed regular bail before the trial Court, trial Court is directed to decide the same expeditiously preferably on the same day if the case diary is available. It is also hereby clarified that trial Court will not be influenced by this order at the time of deciding bail application if regular bail application is filed by the applicants before the trial Court.

Accordingly, this M.Cr.C. is disposed of.

C.C. as per rules.

(PREM NARAYAN SINGH) JUDGE L.R. Digitally signed by LALIT SINGH RANA Date: 2023.05.11 16:45:30 +05'30'

Unlock Advanced Research with PRISMAI

Madhya Pradesh High Court