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Madhya Pradesh High Court

Meera Bai vs The State Of Madhya Pradesh on 26 September, 2022

Author: Sunita Yadav

Bench: Sunita Yadav

                                                      1

                               IN THE HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                                   BEFORE
                                      HON'BLE SMT. JUSTICE SUNITA YADAV
                                         ON THE 26th OF SEPTEMBER, 2022

                                  MISC. CRIMINAL CASE No. 42235 of 2022

                            BETWEEN:-
                            MEERA BAI W/O SHRI RAMSWAROOP SAXENA,
                            AGED ABOUT 75 YEARS, WARD NO. 3 LATERI
                            (MADHYA PRADESH)

                                                                                   .....PETITIONER
                            (SHRI SAMEER KUMAR SHRIVASTAVA, LEARNED COUNSEL FOR
                            THE PETITIONER) .

                            AND
                            THE STATE OF MADHYA PRADESH INCHARGE
                            POLICE STATION THROUGH POLICE STATION
                            LATERI (MADHYA PRADESH)

                                                                                .....RESPONDENTS
                            (SHRI PURUSHOTTAM TANWAR - PANEL LAWYER FOR THE
                            RESPONDENT - STATE)

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

The applicant has filed this First application u/S 438, Cr.P.C. for grant of anticipatory bail.

The applicant is apprehending her arrest in connection with crime No. 180/2022 registered at Police Station Lateri, District Vidisha for the offence punishable under Section 420 of IPC.

Allegations against the present applicant / accused, in short, are that Signature Not Verified when the applicant / accused was President of Municipal Council, Lateri, Dist.

06:05:10 PM Vidisha (M.P.) during that relevant period certain irregularities/embezzlement of 2 money were committed by the applicant / accused, thereby, causing financial loss to the State Exchequer.

At the very outset, learned counsel for the applicant / accused submits that notice under Section 41-A of Cr.P.C was served upon the applicant / accused, therefore, her custodial interrogation is not required any more, hence, it is prayed that the applicant / accused be given benefit of the directions issued by the Apex Court in the case of Aman Preet Singh vs. C.B.I. through Director passed in Criminal Appeal No. 929/2021 vide order dated 02/09/2021 and in the case of Siddhartha vs. State of Uttar Pradesh and Anr. passed in Criminal Appeal No. 838/2021 vide order dated 16/08/2021. It is further argued that applicant aged 75 years old lady is an innocent person and has been falsely implicated. It is further argued that the applicant has filed W.P. No. 2164/2018 before this Court, in which, vide order dated 19/08/2018 interim relief was granted in favour of the applicant and since then the same is in operation and the applicant always co-operated with the respondent. It is further argued that applicant has no criminal antecedents and the present case is politically motivated. It is further argued that omnibus allegations have been levelled against the applicant and no specific allegation has been levelled against her. The applicant is permanent resident of District Vidisha. Conclusion of trial is likely to take time and there is no likelihood of her absconsion, if released on bail. On these grounds, applicant prays for grant of anticipatory bail.

Per contra, learned State counsel submits that notice under section 41-A of Cr. P.C. has been served upon the applicant / accused, therefore, he has no objection, if the applicant /accused be given the benefit of anticipatory bail Signature Not Verified under section 438 of Cr.P.C.

Heard learned counsel for the rival parties and perused the case diary 3 available on record.

Considering the overall facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant. It is hereby directed that in the event of arrest of applicant, she shall be released on bail on her furnishing a personal bond in the sum of Rs. 1,00,000-/-(Rupees One Lakh only) with two local solvent sureties to the satisfaction of Arresting Authority for her appearance on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him/her;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3) The applicant will not indulge himself/herself 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 applicant shall not commit any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial; and

6) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Signed by: SANJAY Station House Officer of the concerned Police Station for information and NAMDEORAO DURGEKAR Signing time: 27-09-2022 06:05:10 PM 4 necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

(SUNITA YADAV) JUDGE Durgekar Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 27-09-2022 06:05:10 PM