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VIVEK AGARWAL
Sukhendra Chaturvedi – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. Shri Jai Shukla, learned counsel for applicant Sukhendra Chaturvedi S/o.Anjani Kumar Chaturvedi.
2. Shri Dinesh Prasad Patel, learned Panel Lawyer for the non-applicant/State.
3. Learned counsel for the applicant after arguing at length and unable to satisfy this Court from the Document D/3, a statement of accounts, to be issued by the Punjab National Bank as there is no mention of either the name of the Bank nor any other detail has been given prays for withdrawal of this anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") with liberty to surrender before the Trial Court & apply for regular bail and submits that he be allowed to approach the authorities inasmuch as he has already paid the loan upto 16.1.2009 and, therefore, no offence is made out against him.
4. Shri Dinesh Prasad Patel, learned Panel Lawyer for the non-applicant, on the other hand, submits that applicant is absconding for over 13 years. The Superintendent of Police has declared a price of Rs. 10000/- on his head and there is no justification of entertaining this anticipatory bail application at this distance of time when applicant is not cooper
The seriousness of filing a false affidavit and obstructing the work of the Court, and the discretion of the court in allowing the withdrawal of an anticipatory bail application.
Grant of anticipatory bail and imposition of specific conditions to ensure cooperation in the investigation.
The main legal point established is that the custodial interrogation for anticipatory bail may not be necessary if the allegations are related to a banking transaction and if the co-accused has alrea....
The court established that a person cannot be deemed a proclaimed offender without a formal declaration under Section 82(4) CrPC, allowing for the possibility of anticipatory bail.
The court emphasized the delicate balance between personal liberty and societal interest in deciding anticipatory bail applications, considering the nature and gravity of the accusation, the accused'....
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