IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT ON THE 4^th OF NOVEMBER, 2022 MISC. CRIMINAL CASE No. 51476 of 2022 BETWEEN:-

SMT. SARLA PANJWANI W/O HARISH KUMAR PANJWANI, AGED ABOUT 55 YEARS, OCCUPATION: PROPRIETOR SHREE SAI AGENCIES R/O SINDHI COLONY, PACHMADHI, ROAD, PIPARIYA, DISTRICT NARMADAPURAM (MADHYA PRADESH)

.....APPLICANT (BY SHRI AMIT DUBEY - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION PIPARIYA DISTRICT NARMADAPURAM (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI C.K. MISHRA - GOVERNMENT ADVOCATE)

This application has come up for hearing on this day, the court passed the following:

ORDER

This is first application under Section 438 of the Code of Criminal Procedure as applicant apprehending her arrest in connection with Crime No.349/2022 for the offences punishable under Sections 304, 308, 420 of the Indian Panel Code and Sections 184, 39/192(1), 3/181, 5/180 of the Motor Vehicle Act registered at Police Station-Pipariya, District-Narmadapuram (M.P.).

Learned counsel appearing for the applicant submitted that loaded Auto bearing No.MP-04-LD-5903 dashed a Scooty. In accident three persons have died. Applicant is the owner of loaded Auto. Applicant had not caused the incident. Applicant was made accused on ground that number plate of Auto was changed, therefore, applicant has committed cheating. Applicant has purchased an Auto from Tata Motors. Since, Auto was not working properly, therefore, request was made for replacement/changing of the vehicle. Request was acceded and new vehicle was given to the applicant. In new vehicle/auto temporary number was not given and, therefore, registration number of old Auto was used in new vehicle. Said act does not amount to any cheating. Applicant is not benefited from said act. No money has been obtained by applicant. It is further submitted that aforementioned Sections i.e. 304, 308, 420 of the Indian Panel Code and Sections 184, 39/192(1), 3/181, 5/180 of the Motor Vehicle Act are registered against the main accused i.e. driver of the vehicle. On aforesaid grounds, counsel for applicant prays for grant of anticipatory bail to the applicant.

Learned Government Advocate appearing for the State opposed the anticipatory bail application. It is submitted by him that applicant was specifically using the number plate of old Auto and she is benefited from it. Act of applicant amounts to cheating. In these circumstances, application for grant of anticipatory bail may be dismissed. Heard learned counsel for the parties.

Applicant is woman aged about 55 years. She is owner of the alleged vehicle/auto. From document available on record, it is apparent that old Auto has been replaced with Tata Motors with new Auto. It is also submitted that Auto is being used without any number plate.

Considering the aforesaid facts and circumstances of the case, I find it a fit case where benefit of anticipatory bail can be granted to the applicant. It is directed that in the event of arrest of applicant by the police in the aforesaid crime, applicant be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety and security in the like amount to the satisfaction of the Arresting officer (Investigating Officer) for her regular appearance before the Police during the investigation or before the Court during trial.

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 her

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;

4. The applicant shall not commit offence similar to the offence of which he is accused