Madhya Pradesh High Court
Lokendra Singh vs The State Of Madhya Pradesh on 5 July, 2019
1 Mcrc.27293/19
THE HIGH COURT OF MADHYA PRADESH
Mcrc. 27293/19
(Lokendra Singh Vs. State of M.P. )
Gwalior Dt. 5/7/2019
Shri D.S.Tomer, Advocate for the petitioner.
Shri Aditya Singh, Public Prosecutor for the State.
Case-diary is perused.
Learned counsel for the rival parties are heard.
This is first application u/S. 438 Cr.P.C. for grant of
anticipatory bail by the petitioner.
Petitioner apprehends his arrest in connection with offence
punishable u/S. 61-D of the M.P. Panchayat Raj Avam Gram
Swaraj Adhiniyam, 1993 registered as Crime No.206/18 by Police
Station Gohad, District Bhind (M.P.).
Learned Public Prosecutor 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.
The petitioner is alleged with illegal colonization which is
punishable u/S. 67-D of the M.P. Panchayat Raj Avam Gram
Swaraj Adhiniyam, 1993 provided for maximum punishment of 7
years R.I. and minimum fine of Rs. 10,000/-. Petitioner has no
criminal antecedents.
2 Mcrc.27293/19
In view of above facts, this court though is inclined to
extend benefit of bail to the petitioner but with certain stringent
conditions in view of pending of investigation.
Accordingly, without expressing any opinion on merits of the
case, I deem fit appropriate to allow this application under section
438 of Cr.P.C. in the following terms.
It is hereby directed that in the event of arrest, the
petitioner shall be released on bail on furnishing a personal bond
in the sum of Rs. 1,00,000/- (Rs. One Lakh only) with two
solvent sureties each of Rs.50,000/- to the satisfaction of the
Arresting Authority.
This order will remain operative subject to compliance of the
following conditions :-
1.The petitioner will comply with all the terms and conditions of the bond executed by him;
2. The petitioner will cooperate in the investigation/trial, as the case may be;
3. The petitioner will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The petitioner shall not commit an offence similar to the offence of which he is accused;
5. The petitioner will not seek unnecessary adjournments during the trial;
3 Mcrc.27293/19
6. The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be,
7. The petitioner shall mark his presence at the concerned police station firstly on 8/7/2019 and thereafter every once a week, till conclusion of the investigation.
8. The petitioner shall plant 100 saplings of indigenous fruit bearing or shady trees on the side of the road/street where the incident took place and take care of the trees for the next one year by watering the plants and by installing tree guards at his own expenses. The petitioner shall file an affidavit disclosing compliance of this condition within 30 days in the Registry, failing which this court may consider cancellation of bail.
The senior most available learned Public Prosecutor of the concerned District is directed to file verification report before the trial court concerned after carrying out inspection personally or through SHO of Police Station of the concerned area, disclosing as to whether petitioner has complied with condition No.8 or not, and if yes to what extent?
The learned trial Judge on receiving report of non compliance of condition No.8 shall forthwith communicate the same to Registry of this Court.
The Registry on receiving any such report from the trial Court disclosing default shall put up the matter before appropriate bench in shape of PUD.
A copy of this order be sent to the Court concerned for 4 Mcrc.27293/19 compliance.
Let a typed copy of this order be also supplied to the counsel for the State for compliance of the aforesaid directives.
For the time being this case stands disposed of. C.c. as per rules.
(Sheel Nagu) Judge (Bu) 2019.07.0 5 13:54:04 +05'30'