Madhya Pradesh High Court
Suresh Nirkhe vs The State Of Madhya Pradesh on 22 January, 2019
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
M.Cr.C. No.2982/2019(Suresh Nirkhe Vs. The State of Madhya Pradesh) (-1-)
M.Cr.C. No.2982/2019
(Suresh Nirkhe Vs. The State of Madhya Pradesh)
Indore, dated: 22.01.2019
Parties through their counsel.
This is a petition under Section 438 of the Code of
Criminal Procedure by the petitioner, aged about 73 years, who
apprehends his arrest in Crime No.321/17 of Police Station-
Kukshi, District -Dhar for offence under Sections 420, 422,
423, 407, 468, 471 and 484 of IPC.
Learned counsel for the applicant has argued before
this Court that the applicant is a practicing advocate and a
search report was submitted by him in respect of the property
based upon the title report dated 21.05.2004 and loan was
advanced by the Bank, later on, bank came to a conclusion
that an incorrect search report was submitted by the
applicant.
It was also stated by the Bank that without there being
any requisition by the Bank, the present applicant of his own
has submitted the report and fraud has been played upon the
Bank and in those circumstances, a criminal case has been
registered against the present applicant, who is an advocate.
Learned counsel, at the outset, has drawn attention of
this Court towards the order dated 16.01.2019 passed in
M.Cr.C. No.1947/2019 and the same reads as under:-
"MCRC No.1947/2019
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
M.Cr.C. No.2982/2019(Suresh Nirkhe Vs. The State of Madhya Pradesh) (-2-)
INDORE dt. 16-01-2019
Parties through their counsel.
Both the parties heard.
This is first application filed by the applicant
under Section 438 of Cr.P.C, for grant of anticipatory
bail. The applicant is apprehending his arrest in
connection with Crime Number 321/2017 registered
at Police Station Kukshi for an offence punishable
under Section 420, 422, 423, 407, 468, 471 and 484 of
IPC.
Learned Sr. Counsel has argued before this
court that as per the prosecution case the co-accused
Dayaram in the year 2004 obtained the loan of one lac
under the Kisan Credit Card Scheme from the State
Bank of Indore on the basis of forged revenue papers
and again obtained tractor loan to the tune of Rs.
4,29,000 on the basis of forged documents and a
complaint was made in the matter. Thereafter in the
complaint case an application was preferred u/s
156(3) of the Cr.P.C. and the learned Magistrate
directed the police to register a crime and to
investigate the matter and after that only the petitioner
was made an accused in the matter. It has been argued
by the Sr. Counsel that the appellant is aged about 73
years and he has been falsely implicated in the crime.
He has sanctioned the loan based upon the papers
produced before him . A prayer has been made for
grant of anticipatory bail.
On the other hand, learned Government
Advocate has vehemently opposed the prayer for
grant of bail. It has been argued by the learned
Government Advocate that the applicant was
involved in the matter and he was aware of the forged
and fabricated documents and he was a party in
respect of the forgery and cheating which has taken
place in the matter. He has read out the statement
available in the case diary.
On considering the above submissions,
material available in the case diary, without
expressing any opinion on merits of the case, I am of
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
M.Cr.C. No.2982/2019(Suresh Nirkhe Vs. The State of Madhya Pradesh) (-3-)
the considered view that it is a fit case to allow the
application for grant of anticipatory bail. Therefore,
this application is allowed and it is directed that in the
event of arrest of applicant by the arresting officer, he
shall be released on bail subject to his furnishing a
personal bond in the sum of Rs.1,00,000/- (Rupees
One lac only) with one surety of like amount to the
satisfaction of the Arresting Officer, subject to abiding
the conditions enumerated under Section 438 (2) of
Cr.P.C. This order shall be valid for a period of thirty
days, from today. In the meanwhile, the applicant may
apply for regular bail within the aforesaid period of
thirty days before the competent Court.
Certified copy as per rules."
This Court has already granted anticipatory bail to one
of the co-accused person by the aforesaid order. Similarly in
one more case i.e. M.Cr.C. No.1812/19 vide order dated
16.01.2019again anticipatory bail has been granted.
Learned government advocate has opposed the bail petition and readout the statements available in the case- diary. He has stated that search report was submitted by the applicant resulting in loss to the bank and therefore, no case for grant of anticipatory bail to the applicant is made out.
This Court after hearing the learned counsel for the parties and after going through the record and also keeping in view the age of the applicant, is of the opinion that the application deserves to be allowed and is, accordingly, allowed.
It is directed that in the event of arrest by the Police in the aforesaid case, the petitioner shall be released on bail on HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE M.Cr.C. No.2982/2019(Suresh Nirkhe Vs. The State of Madhya Pradesh) (-4-) his furnishing personal bond in the sum of Rs.1,00,000/- (Rupee One Lac) with one surety in the like amount to the satisfaction of arresting officer for his regular appearance before the Police during the investigation or before the Court during trial.
C.C. as per rules.
(S.C. Sharma)
N.R. Judge
Digitally signed by NARENDRA
KUMAR RAIPURIA
Date: 2019.01.22 17:42:36
+05'30'