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SATYENDRA KUMAR SINGH
Dinesh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Satyendra Kumar Singh, J. - This is the first application filed under section 438 of the Cr.P.C. for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.433/2021 registered at Police Station, Taal District Ratlam for commission of offence punishable under Sections 420 of IPC and Section 339-C of M.P Municipalities act, 1961.
The prosecution story in brief is that applicant along with other co-accused persons developed illegal colony without obtaining statutory permission from the competent authority and sold the piece of land (plot) to the purchaser by suppressing the required information Learned counsel for the applicant submits that applicant has not committed any offence and has not developed any colony. He sold his land to the purchaser without suppressing any required information. Learned counsel for the applicant has further submitted that applicant has not misguided anyone and he was owner of the self land and sold the property. applicant has no criminal antecedents. It is further submitted that in the application filed by the co-accused Raghu under 438 of Cr.P.C, this Court vide order dated 3.1.2022 passed in MCRC.N
The main legal point established is that the police should resort to arrest only when necessary and the accused fails to cooperate in the investigation, as per the principle laid down in arnesh Kumar....
Grant of anticipatory bail based on the absence of material against the applicant and imposition of specific conditions for the grant of bail.
The main legal point established in the judgment is the court's discretion to grant anticipatory bail based on the nature of the allegations, the circumstances of the case, and the willingness of the....
The court may grant anticipatory bail based on factors such as the age of the applicant and the lack of overt act in the alleged offence.
The court may grant anticipatory bail after considering the seriousness of the charge, the applicant's cooperation in the investigation, and the overall facts and circumstances of the case.
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
Anticipatory bail petitions are maintainable for offences with a penalty of up to seven years, and jurisdictional courts must adjudicate these applications rather than merely disposing them without c....
Anticipatory bail under Section 438 CrPC is an extraordinary remedy, granted only in exceptional circumstances, particularly when the applicant is not a proclaimed offender.
applicant is not entitled for anticipatory bail on the ground that applicant was not only declared proclaimed offender under Section 82 Cr.P.C. but proclamation of attachment of property was also iss....
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