Atul Khare vs The State Of Madhya Pradesh on 19 September, 2022

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Madhya Pradesh High Court

Atul Khare vs The State Of Madhya Pradesh on 19 September, 2022

Bench: Sanjay Dwivedi

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                BEFORE
                  HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                       ON THE 19th OF SEPTEMBER, 2022

               MISC. CRIMINAL CASE No. 43805 of 2022

        BETWEEN:-
        ATUL KHARE S/O LATE SHRI AWADH NARAYAN
        KHARE, AGED ABOUT 45 YEARS, OCCUPATION:
        CONTRACTOR, R/O BEHIND SINGH MOTOR,
        SHIV NAGAR ADHARTAL JABALPUR (MADHYA
        PRADESH).

                                                                 .....APPLICANT
        (BY SHRI MANISH DATT, SENIOR ADVOCATE ASSISTED BY SHRI
        SIDDHARTH KUMAR SHARMA, ADVOCATE)

        AND
        STATE OF MADHYA PRADESH THROUGH S.H.O.
        POLICE    STATION  BELBAGH   DISTRICT
        JABALPUR.

                                                             .....RESPONDENTS
        (BY SHRI PRAMOD THAKRE, GOVERNMENT ADVOCATE)

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

This is first application on behalf of the applicant under Section 438 of the Code of Criminal Procedure for grant of bail.

Applicant is apprehending his arrest in connection with Crime No. 367/2022 registered at Police Station Belbagh, District Jabalpur for the offences punishable under Section 288, 304, 337, 338 and 34 of the Indian Penal Code.

Learned counsel for the applicant submits that the applicant is a contractor and as per the case of the prosecution visor (Chajja) of a government building constructed by the applicant was collapsed and, therefore, 2 offence has been registered against him. He submits that as per the report of the supervising authority, the design of the building was defective and as such the Chajja was collapsed. He submits that the Supervisor of the building, who is also an accused in the case, has been granted bail under Section 439 of Cr.P.C.. He submits that even otherwise it was a lapse on the part of the government authority, who was supervising the construction and he should have pointed out the defect, if any committed by the applicant being a contractor. Upon such submission, learned counsel for the applicant prays that applicant may be granted the benefit of Section 438 of Cr.P.C.

Learned counsel for the respondent-State has opposed the bail application and submitted that it is not a fit case to grant benefit under Section 438 Cr.P.C. to applicant because the lapse was on the part of the applicant as he was constructing the building being a contractor.

Considering the aforesaid, without commenting anything on merit of the case, this application is allowed.

It is directed that in the event of arrest, the applicant be released on bail upon his furnishing a bail bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the Station House Officer/Arresting Officer of the Police Station concerned.

The applicant shall abide by the conditions enumerated under Section 438 (2) of the Code of Criminal Procedure.

Certified Copy as per rules.

(SANJAY DWIVEDI) JUDGE RAGHVENDRA RAGHVENDRA SHARAN SHUKLA 2022.09.19 3 19:32:56 +05'30'

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