Madhya Pradesh High Court
Dr. Gopal Krishna Lyer vs The State Of Madhya Pradesh on 14 September, 2022
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 14th OF SEPTEMBER, 2022
MISC. CRIMINAL CASE No. 42627 of 2022
BETWEEN:-
DR. GOPAL KRISHNA IYER S/O LATE SHRI
SHIVRAJ KRISHNA IYER, AGED ABOUT 69
YEARS, OCCUPATION: CHAIRMAN, BONNIE FOI
SOCIETY, R/O BONNIE FOI CAMPUS, NARELA
SHANKARI, AYDHOYA BY-PASS BHOPAL
DISTRICT BHOPAL (MADHYA PRADESH).
.....APPLICANT
(BY SHRI ALOK VAGRECHA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION T.T NAGAR DISTRICT
BHOPAL (MADHYA PRADESH).
.....RESPONDENT
(BY SHRI NARENDRA CHOURASIA, GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first bail application filed on behalf of the applicant/accused under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he is under apprehension of his arrest, in connection with Crime No.552/2022, registered at Police Station T.T. Nagar, District Bhopal (M.P.) for the offences punishable under Section 420 of Indian Penal Code.
Learned counsel appearing for the applicant submitted that police has not made compliance of Section 41 and 41-A of Cr.P.C. and therefore, as per the judgment passed by the Apex Court in case of Satender Kumar Antil vs Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 9/15/2022 11:18:20 AM 2 Central Bureau of Investigation and another, reported in 2022 SAR (Criminal) 774, wherein it has been held that non compliance of provision of Section 41 and 41-A would entitle accused for grant of bail, the applicant is entitled to be granted benefit of anticipatory bail.
It is further submitted that complainant was informed that Flat in question was mortgaged with the bank. To corroborate said fact, he relied on Annexure A/2. Annexure A/2 is signed by Dr. S.K. Jain and said document is Notarized and signed by two witnesses. It is submitted that since purchaser has been informed about the mortgage of property, therefore, no offence is made out against the applicant on basis of complaint made by Dr. S.K. Jain. Therefore, applicant be granted benefit of anticipatory bail.
Learned Government Advocate appearing for the State opposed the application for grant of anticipatory bail. It is submitted by him that document contained in Annexure A/2 is forged. Said document does not contain the signature of Dr. S.K. Jain. Applicant has committed offence under Section 420 of IPC and therefore, application for grant of anticipatory bail may be dismissed.
Heard the counsel for the parties.
Complainant has also filed a civil suit for grant of permanent injunction, which was dismissed, as matter was pending under SARFAESI Act.
Considering the facts and circumstances of the case and the fact that there is monetary dispute between the applicant and complainant, respondent has not complied with provisions of Section 41 and 41-A of Cr.P.C. and offence alleged against applicant is punishable upto 7 years' imprisonment, applicant is permanent resident of Bhopal and is having movable and immovable property in the district and therefore, there is no likelihood that the Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 9/15/2022 11:18:20 AM 3 applicant will abscond from law, anticipatory bail application filed by the applicant is allowed.
It is directed that in the event of arrest of applicant in connection with the aforesaid crime number and the offences, he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.
The applicant is directed to join the investigation immediately and to co- operate with the investigating agency. He will further abide by the condition enumerated in sub-section (2) of Section 438 of the Cr.P.C.
Certified copy as per rules (VISHAL DHAGAT) JUDGE vkt Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 9/15/2022 11:18:20 AM