Madhya Pradesh High Court
Manoj Kala vs The State Of Madhya Pradesh on 18 April, 2023
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 18 th OF APRIL, 2023
MISC. CRIMINAL CASE No. 59749 of 2022
BETWEEN:-
MANOJ KALA S/O SHRI GOVARDHAN KALA, AGED
ABOUT 45 YEARS,
OCCUPATION: NOT AVAILABLE
R/O: 101, VALLABH NAGAR COLONY, TAL BADAWDA,
TEH. ALOT, DISTRICT RATLAM (MADHYA PRADESH)
.....APPLICANT
(BY SHRI VIKARAM SINGH BULE - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH
STATION HOUSE OFFICER THROUGH POLICE STATION
ALOT, DISTRICT RATLAM (MADHYA PRADESH)
.....NON APPLICANT
(BY SHRI AJAY RAJ GUPTA - PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973. The applicant is apprehending his arrest in connection with Crime No.136/2022 registered at P.S. - Alot, district Ratlam (M.P.) for commission of offence punishable under Section 420 of IPC and Section 339(c) of M.P. Municipality Act, 1961.
As per the prosecution story, a report was lodged by complainant Signature Not Verified Chandrashekhar Sonis, the C.M.O., of Nagar Palika Parishad, Alot to the effect Signed by: TRILOK SINGH SAVNER Signing time: 19-Apr-23 10:14:56 AM that on receipt of a complaint an enquiry was conducted against the present 2 applicant as regards illegal colonization in which the Sub-Divisional Officer(Revenue), Alot found that the applicant has carried out the work of illegal colonization without obtaining a colonizers licence, the sanctioned layout from the Town and Country Planning Department, Colony Development Permission and No Objection from the Nazul Department and in total contravention of the provisions of M.P. Municipal Corporation Act, 1961 and Rules made thereunder. On the basis of the report, the applicant has been implicated for the present offence.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this matter. Prima facie no offence under Section 420 of IPC and Section 339(c) of M.P. Municipality Act, 1961 is made out against the applicant. Applicant has already been enlarged on anticipatory bail in the same nature of offence registered against him at Crime No.9/2022 registered at P.S. Alot, District Ratlam vide order dated 25.7.2022 passed in MCRC No.24045/2022 by the coordinate bench of this Court. Applicant is permanent resident of District Ratlam and his movable and immovable properties are also situated there. Hence, he prays that the applicant be released on anticipatory bail.
Per-contra, learned PL for respondent/State opposes the anticipatory bail application and prays for its rejection.
Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation and also taking Signature Notnote of Verified the fact that applicant has purchased the aforesaid land through Signed by: TRILOK SINGH SAVNER registered sale deed and as per the order dated 24.5.2019 passed by the SDO, Signing time: 19-Apr-23 10:14:56 AM 3 Alot diversion has been taken place, applicant has been enlarged on anticipatory bail in the same nature of other offence, thus looking to the nature of allegation levelled against the applicant, in my opinion, the applicant deserves to be granted the benefit of anticipatory bail.
Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that in the event of applicant’s arrest, the applicant be released on anticipatory bail upon his furnishing a personal bond in the sum of Rs.75,000/- with one solvent surety in the like amount to the satisfaction of the arresting officer. The applicant is further directed to appear before the investigating officer within a period of 2 weeks from today and he shall assist in the investigation process on all the dates, as may be fixed by the Investigating Officer from time to time. Applicant shall abide by the conditions enumerated u/S. 438(2) of Cr.P.C.
With the aforesaid, the application stands disposed of. C.C. as per rules.
(ANIL VERMA) JUDGE trilok Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 19-Apr-23 10:14:56 AM