Madhya Pradesh High Court
Meraj Ali Khan vs The State Of Madhya Pradesh on 21 January, 2015
M.Cr.C. No. 20400/2014
21.1.2015
Shri Anil Khare, Senior Counsel with Shri H.S. Chhabra,
Advocate for the applicant.
Shri Pankaj Dubey, Advocate for the respondent.
This is the first application filed by the applicant under Section 438 of the Criminal Procedure Code for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No. 102/2010 registered at Special Police Establishment, Lokayukt Office, Bhopal for the offences punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Sections 467, 468, 109, 120-B of the IPC.
As per prosecution, it is alleged against the applicant that he abetted main accused Arvind Joshi to make investment of a huge amount, which was disproportionate to his known source of income, through insurance policy and in this way the applicant is involved in the conspiracy of creating forged documents and misappropriation of the aforesaid amount.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. During investigation, he was not arrested. Though the trial Court issued summons/warrants against him, but the applicant was not found living on the address shown by the prosecution. The applicant is ready to co-operate in the investigation and trial. The applicant is a reputed citizen of the locality, in the event of arrest, his reputation will be tarnished, therefore, he be enlarged on anticipatory bail.
Learned counsel for the respondent has opposed the application.
I have heard the learned counsel for the parties. It is well established principle of law that where the warrant of arrest has been issued against the accused, the anticipatory bail should not be granted as held by a Full Bench of this Court in Nirbhay Singh and another Vs. State of M.P. - 1995 JLJ 21.
Since warrant of arrest has already been issued by the trial Court against the applicant, considering the overall facts and circumstances of the case and in the light of the decision of this Court in Nirbhay Singh and another Vs. State of M.P. (supra), the applicant is directed to surrender before the arresting officer, who is authorized to execute the warrant of arrest and the concerned arresting officer shall immediately produce the applicant before the concerned trial Court in connection with Crime No. 102/2010 registered at Special Police Establishment, Lokayukt Office, Bhopal for the offences punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Sections 467, 468, 109, 120-B of the IPC and the concerned Court shall release the applicant on bail on his furnishing the personal bond in a sum of `30,000/- (Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of the said Court, till the end of criminal case arising out of Crime No. 102/2010.
This application is disposed of with the aforesaid direction.
(G.S.Solanki) Judge PB