Madhya Pradesh High Court
Ram Asre Pal vs The State Of Madhya Pradesh on 19 November, 2015
MCRC-19994-2015
(RAM ASRE PAL Vs THE STATE OF MADHYA PRADESH)
19-11-2015
Shri B.J. Chourasiya, learned counsel for the applicants.
Shri A.N. Gupta, learned Panel Lawyer for the respondent-State.
Heard arguments.
Perused case diary and material on record.
This is the first bail application filed by the applicants under Section 438 of the Cr.P.C for grant of anticipatory bail as they apprehend their arrest in Crime No.16/2015 registered at Police Station Hinota, district Chhatarpur, against them for the offences punishable under Sections 452, 506 and 34 of the I.P.C.
As per the prosecution, on 09.10.2015, at about mid-noon, the applicants entered the house of the complainant and asked him to vacate their house. Thereafter, they kept his household articles out side of the house and threatened him, saying that if he does not vacate the house, they would kill him.
Learned counsel for the applicant submits that it is a dispute between the land-lords and the tenant. It is also submitted by him that the complainant has twisted the aforesaid facts of the case. At the time of alleged incident, the applicants simply asked him to vacate their house. It is also submitted by him that the applicants are real brothers and do not have any criminal antecedents. It is lastly submitted by him that looking to the nature of the allegations no custodial interrogations of the applicants are required. Upon these submissions, learned counsel prays for grant of anticipatory bail to the applicant.
Learned Panel Lawyer opposes the prayer.
On due consideration of the facts and circumstances of the case and the submissions raised on behalf of the parties by their counsel, but without expressing any opinion on merits of the case, I am of the view that it is a fit case for grant of anticipatory bail to the applicants with certain conditions. Allowing their application, they are directed to appear before the Investigating Officer on or before 08.12.2015 for interrogation and submission of documentary proofs of their permanent residences and contact numbers, if any. The Investigating Officer is ordered that if he arrests the applicants in the aforesaid crime, they be released immediately on bail on their furnishing 'each' a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) with one solvent surety of the same amount to his satisfaction. Further, the applicants are directed to abide by the conditions enumerated in Section 438(2) of the Cr.P.C. It is made clear that if any of the applicants fails to appear before the Investigating Officer on the stipulated period, then this bail order in respect of him shall stand automatically cancelled.
Certified copy as per rules.
(RAJENDRA MAHAJAN) JUDGE