Back
2012 Supreme(MP) 1039
MADHYA PRADESH HIGH COURT
Sheel Nagu, J.
Jagannath Singh - Appellant
Versus
State of M.P. - Respondent
M.Cr.C. No. 7761-2012
Decided On : 08-10-2012
For Appellant/Petitioner/Plaintiff:Shri Shyam Sharma, Advocate
For Respondents/Defendant: Shri A.K. Shrivastava, Panel Lawyer
The court may grant interim anticipatory bail in connection with offences punishable under section 420 of IPC, considering the applicant's age and the nature of the allegations.
Headnote:
Interim Anticipatory Bail - Criminal Law - The court granted interim anticipatory bail to the applicant, subject to certain conditions, in connection with offences punishable under section 420 of the Indian Penal Code (IPC) arising from a private complaint under Section 200 of the Code of Criminal Procedure (Cr. P.C).
Fact of the Case:
The applicant sought anticipatory bail in connection with offences punishable under section 420 of IPC arising from a private complaint under Section 200 Cr. P.C.
Finding of the Court:
The court granted interim anticipatory bail to the applicant, subject to specified conditions.
Issues: Apprehension of arrest in connection with offences punishable under section 420 of IPC, and the applicant's age and the nature of the allegations.
Ratio Decidendi: The court considered the applicant's age and the nature of the allegations in granting interim anticipatory bail, subject to specific conditions.
Final Decision: The court granted interim anticipatory bail to the applicant, subject to compliance with specified conditions.
Judgment
Sheel Nagu, J.;-
1. Admit. Call for case diary.
2. Learned counsel for the rival parties are heard.
3. Applicant apprehends arrest in connection with offences punishable u/s. 420 of IPC registered as Crime No. 596/2011 at Police Station Andori, District Bhind.
4. Notice be issued to respondent no. 2 on payment of PF within three working days failing which this M.Cr.C. will stand rejected without reference to the Court.
5. I.A.No. 9896/2012 for interim bail is concerned, it is seen from the order of the lower Court that the applicant is said to be 75 years old and the allegation of cheating arising out of transaction of sale and is giving rise to filing of private complaint under Section 200 Cr. P.C. and therefore, this Court is inclined to extend the benefit of interim anticipatory bail to the applicant.
6. It is hereby directed that in the event of arrest, applicant shall be released on interim bail on his furnishing a personal bond of Rs. 50,000/- (Rupees fifty thousand only) with two solvent sureties in the like amount to the satisfaction of Arresting Authority.
7. This order will remain operative subject to compliance of the following conditions by the applicant.
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be; and
4. The applicant shall not commit an offence similar to the offence of which he is accused.
5. The applicant will not leave India without previous permission of the trial court/Investigating Officer, as the case may be.
6. The applicant will not seek unnecessary adjournment.
8. List the case for final hearing in due course. Certified copy as per rules.
