Madhya Pradesh High Court
Sawan Kumar Pachoriya vs The State Of Madhya Pradesh on 14 September, 2020
Author: Sheel Nagu
Bench: Sheel Nagu
1 MCRC No.32117/2020
M.Cr.C. No. 32117/2020
(SAWAN KUMAR PACHORIYA Vs. STATE OF M.P.) Gwalior, Dt. 14.09.2020 Shri V.D. Sharma, Advocate along-with Shri Harshit Sharma, Advocate for the petitioner.
Shri Purshottam Tanwar, Panel Lawyer for the State. Shri Sohit Mishra, Advocate for the complainant. Matter is heard through video conferencing. Petitioner has filed this second application u/S.438 Cr.P.C. for grant of anticipatory bail after rejection of earlier one which was dismissed on 28.08.2020 in M.Cr.C. No.28951/2020.
Petitioner apprehends arrest in connection with offence punishable u/S.420, 467, 468, 469, 470, 471 of IPC registered as Crime No.344/2020, by Police Station Maharajpura, District Gwalior (M.P.).
Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.
Cheating and forgery is alleged against the petitioner. Learned counsel for the petitioner has attempted to point out that certain relevant facts could not be placed before this Court on the last ocassion when the said first bail application was rejected. It is 2 MCRC No.32117/2020 primarily submitted on behalf of petitioner that petitioner is though seller but ought to be categorized as a bonafide seller since the sale effected by him was pursuant to valid permission granted by GDA.
Learned counsel for the victim on other hand opposed the present bail application and submitted that GDA in the given facts and circumstances had no authority to grant or refuse permission since the plots had already been sold to a different society. The objection of the victim is also due to the pendency of investigation.
After having heard learned counsel for the rival parties and perused the record, this Court is of the considered view that the new facts and circumstances pointed out by the learned counsel for the petitioner do not impress this Court.
In view of above, no case for grant of anticipatory bail is made out.
Accoudingly, present M.Cr.C stands dismissed.
(Sheel Nagu) Judge Aman Digitally signed by Aman Tiwari Aman Tiwari DN: c=IN, o=High Court Of Madhay Pradesh Bench Gwalior, ou=all, 2.5.4.20=70c6eef55d043fbd523acacb7d1ef4b0609a37510b8 e1527bc41da9009c41f72, postalCode=474011, st=MADHYA PRADESH, cn=Aman Tiwari Date: 2020.09.15 18:08:05 -07'00'