Madhya Pradesh High Court

MCRC/53209/2020 of AHUTOSH Vs THE STATE OF MADHYA PRADESH on 31 December 2020

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MADHYA PRADESH :INDORE BENCH M.Cr.C. No.53209/2020 (Ashutosh Sharma Vs.

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Indore dated :31.12.2020

Shri Lucky Jain, learned counsel for the applicant.Shri Tarun Pagare, learned Panel Lawyer for the non-applicant/State.

Heard through video conferencing on the question of grantof bail.

This is an application filed by the applicant under Section438 Cr.P.C. for grant of anticipatory bail.

Notice of this application was served on the State Counsel.Case diary as per the direction of this Court has been producedfor perusal and it is accordingly perused.

The applicant is apprehending his arrest for offencepunishable under Section 292-C(2) of M.P. Municipal CorporationAct, 1956 registered with Police Station – Nagjhiri, District –Ujjain(M.P.) in Crime No.366/2020.

The allegation against the present applicant is that he hasdeveloped a colony unauthorizedly without taking approval ofT.N.C.P. and without the colonizers licence and has sold the plotto different persons, therefore, has committed offence underSection 292-C(2) of the Municipal Corporation Act.

Learned counsel for the the applicant submits that theapplicant has sold the plot from his own personal land and there isno allegation against the present applicant in respect ofmisappropriation of any others land. He also submits that theapplicant has no criminal antecedents and that entire case isbased upon the documentary evidence and custodial interrogationin the case is not required. He further submits that in the similarcircumstances, in respect of other persons, the Principal Seat hasgranted bail by order dated 25/01/2019 in batch of matters i.e., in HIGH COURT OF MADHYA PRADESH :INDORE BENCH

M.Cr.C. No.53209/2020

(Ashutosh Sharma Vs. State of M.P.)

M.Cr.C. No.1911/2019, M.Cr.C. No.1907/2019 and M.Cr.C.No.1909/2019. He further submits that the applicant undertakesto fully co-operate during the investigation.

In reply, learned Panel Lawyer for the State has opposedthe application for grant of anticipatory bail, but he has notdisputed that the applicant has sold the plot from his personalland.

In regard to the circumstances of the case, I am of theopinion that a case for grant of anticipatory bail is made out.

Accordingly, the anticipatory bail application is allowed andit is directed that in the event of the applicant's arrest, inconnection with Crime No.366/2020 the applicant be released onbail upon his furnishing a bail bond of Rs.50,000/-(Rupees FiftyThousand) with one surety of the like amount to the satisfactionof Station House Officer of the Police Station concerned. Theapplicant is further directed to appear before the InvestigatingOfficer within a period of two weeks from today. He would abideby the conditions mentioned in Section 438(2) Cr.P.C.

Certified copy as per rules.

(Prakash Shrivastava)Vacation Judge

pn

Digitally signed by Preetha Nair Date: 2020.12.31 16:33:17 +05'30'

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