The court considered the settlement of the dispute and the likelihood of a long trial in allowing the bail application.

JUDGMENT

Subodh abhyankar, J. - This is the applicant's first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is implicated in connection with Crime No.943/2021 registered at Police Station - Chandan Nagar, District - Indore for the offences punishable under Sections 420, 467, 468 & 471 of the Indian Penal Code. The applicant is in custody since 28.01.2022.

The allegation against the present applicant is that after obtaining the consideration to sale the plot, the plot was not sold to the complainant.

Learned Senior Counsel for the applicant has submitted that the plot was sold by the applicant on the basis of agreement in anticipation of the earlier document with the original owner of the property. However, as the sale could not be materialized, subsequent sale deed entered into between the applicant and the complainant and went into jeopardy. He has further submitted that they have settled their dispute and also filed an application under Section 320(2) of the Cr.P.C. for compounding of the offence, copy of which is also placed on record. The applicant is in jail since 28.01.2022. The final conclusion of the trial will take sufficiently long time. Hence, the applicant may enlarged on bail.

Learned counsel for the complainant has submitted that he has no objection if applicant is granted bail. It is submitted that parties have settled the dispute.

Learned Panel Lawyer for the respondent / State opposes the bail application. However, she did not dispute that the parties have settled their dispute.

On due consideration of the rival submissions, perusal of the case diary and considering the fact that the final conclusion of the trial is likely to take sufficiently long time, this Court finds force with the contention raised by the counsel for the applicant.

accordingly, the present application for grant of bail is hereby allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed. The applicant shall be abide by the conditions as enumerated under Section 437(3) of Cr.P.C.

It is made clear that, after being released on bail, if the applicant again indulges in any criminal activity, the present bail order shall stand cancelled without further reference to the Court and the police shall be entitled to arrest the applicant in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.