IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR rd ON THE 3 OF APRIL, 2023 MISC. CRIMINAL CASE No. 36151 of 2021 BETWEEN:-

ABHAY DUBEY S/O SADASHIV DUBEY, AGED ABOUT 40 YEARS, OCCUPATION: BUSINESS PLOT NO. 1, 2 URVASHI APPARTMENT VAIOSHALI NAGAR (MADHYA PRADESH)

.....APPLICANT (MRS. SHARMILA SHARMA,ADVOCATE)

AND

1. VINAY DUBEY S/O LATE SHRI FATEHLAL DUBEY OCCUPATION: NIL 76 ANURADHA NAGAR, TEJKAJI NAGAR (MADHYA PRADESH)

2. SURESH DUBEY S/O LATE SHRI FATEHLAL DUBEY

76, ANURADHA NAGAR. TEH. NAGAR. INDORE (MADHYA PRADESH)

3. STATE OF MADHYA PRADESH THROUGH P S TEJAJI NAGAR INDORE (MADHYA PRADESH)

.....RESPONDENTS (SHRI RACHIT AGRAWAL, ADVOCATE FOR THE RESPONDENT [R-1].

SHRI S.K. MEENA, ADVOCATE FOR THE RESPONDENT No.1/ VINAY DUBEY AND SHRI MANISH YADAV,ADVOCATE FOR THE RESPONDENT NO.2 SURESH DUBEY)

SHRI S. S. THAKUR, ADVOCATE APPEARING ON BEHALF OF ADVOCATE GENERAL.

MISC. CRIMINAL CASE No. 36152 of 2021 BETWEEN:-

ABHAY DUBEY S/O SADASHIV DUBEY, AGED ABOUT 40 YEARS, OCCUPATION: BUSINESS PLOT NO. 1, 2 URVASHI APPARTMENT VAISHALI NAGAR (MADHYA Signature Not Verified PRADESH)

.....APPLICANT (MRS. SHARMILA SHARMA, ADVOCATE)

AND

1. KRIHNA KUMAR JAISWAL S/O RADHEYSHYAM JAISWAL OCCUPATION: BUSINESS 90/4 NEW PANCHSEEL COLONY MUSAKHEDI (MADHYA PRADESH)

2. STATE OF M.P. THR P.S. TEJAJI NAGAR INDORE (MADHYA PRADESH)

.....RESPONDENTS (SHRI SANTOSH KUMAR MEENA, ADVOCATE FOR THE RESPONDENT NO.1)

SHRI S.S. THAKUR, GOVT. ADVOCATE APPEARING ON BEHALF OF ADVOCATE GENERAL)

This application coming on for orders this day, the court passed the following:

ORDER

They are heard. Perused the record.

This order shall also govern the disposal of M.Cr.C.No.36151/20221, and M.Cr.C.No.36152/2021 as both the applications have arisen out the same crime number of the same police station.

These are the applications filed under Section 439(2) of the Cr.P.C. by the applicant/complainant for cancellation of the anticipatory bail granted by this Court in M.Cr.C.No.29617/2020 (Vinay Dubey and another vs. State of M.P.) and M.Cr.C.No.30166/2020 (Krishna Kumar vs. State of M.P.) vide orders dated 16.9.2020 and 23.9.2020 respectively.

The allegations against the respondents are that after obtaining the bail from this Court as aforesaid, they have not complied with the order passed by this Court and thus, their bail orders are liable to recalled/cancelled, and the Signature Not Verified applications deserve to be dismissed.

Ms. Sharmila Sharma, learned counsel appearing for the applicant has submitted that in the order dated 23.9.2020, passed in the case of Krishna Kumar Jaiswal in M.Cr.C.No.30166/2020, this Court had specifically directed the applicant Krishna Kumar Jaiswal to hand over the original agreement of sale dated 17.5.2012, to the complainants and it was also directed that he shall not claim any right whatsoever arising therefrom before any Forum. And the co- accused Vinay and Suresh Dubey were directed to make payment of Rs.5 Lakhs each to Krishna Kumar Jaiswal but neither the amount has been paid by Vinay/Suresh Dubey nor the original agreement has been returned to the complainant by Krishna Kumar Jaiswal. Thus, it is submitted that their bail orders be cancelled.

On the other hand, Shri Manish Yadav, learned counsel for the respondent Suresh Dubey, and Shri Archit Agrawal, learned counsel appearing for respondent Vinay Dubey have submitted that they have deposited the total sum of Rs.10 Lakhs before the Principal Registrar of this Court which through demand drafts which are on record, but the aforesaid amount has not been given to the co-accused Krishna Kumar Jaiswal as he has not returned the original agreement to the complainant. Thus, it is submitted that the respondents Suresh and Vinay Dubey have already complied with the bail order passed by this Court hence the applications for cancellation of their bail be dismissed.

Shri S.K. Meena, learned counsel appearing for the respondent Krishna Kumar Jaiswal has submitted that the respondent Kri