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2021 Supreme(SC) 217

INDIRA BANERJEE, SANJIV KHANNA
Dilip Singh – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Mr. Mansoor Ali, AOR,
For the Respondent: Mr. D.S. Parmar, AAG, MR. M.P. Singh, Adv. Mr. Sunny Choudhary, Adv.

ORDER :

1. Leave granted.

2. This appeal is against an order dated 11 September 2019 passed by the High Court granting anticipatory bail to the appellant, subject to the condition of deposit of Rs 41 lakhs in court and upon his furnishing personal bond in the sum of Rs 50,000 with one solvent surety in the like amount to the satisfaction of the arresting officer. It was directed that the order would be governed by condition Nos 1 to 3 of sub-Section 2 of Section 438 of the Code of Criminal Procedure. The trial court was directed to deposit the amount so deposited by the appellant with any nationalized bank.

3. Ex facie, the disputes in the instant case are civil in nature. It is the contention of the complainant that despite having paid Rs 41 lakhs to the appellant pursuant to an agreement for purchase of agricultural land, the appellant has not executed the deed of sale in respect of the same. It appears that the complainant has also filed a civil suit for specific Digitally signed by performance of the said agreement, which is pending adjudication.

4. By imposing the condition of deposit of Rs. 41 lakhs, the High Court has, in an application for pre-arrest bail under Section 438 of t

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