Babulal vs State Of M.P

Subodh Abhyankar, J

This is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as he is apprehending his arrest

in connection with Crime No.120/2021 registered at Police Station Sarangpur, District Rajgarh (MP) for offence punishable under Sections 339 (ga)

(3) of M.P. Municipal Corporation Act, 1961.

The allegation against the applicant is that he sold certain plots without following the Municipal Corporation Act.

Counsel for the applicant has submitted that the applicant is a 70 years' old man and is not directly involved in the offence as he has only followed the

instructions given to him by his family members. It is further submitted that even otherwise the offence is punishable maximum for a period of 7 years.

There is no allegation of financial fraud on the part of the applicant. Thus, it is submitted that the application be allowed.

Counsel for the respondent/State, on the other hand, has opposed the prayer.

Having considered rival submissions and on perusal of the case-diary, this Court find force with the contentions raised by the Counsel for the

applicant, taking note of the fact that the applicant is a 70 years' old man and in the facts and circumstances of the case his custodial interrogation is

not necessary, this Court is of the considered opinion that the applicant has made out a case for grant of anticipatory bail.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicant Babulal S/o Balkishan Paliwal shall be released on bail, upon

his / her executing a personal bond in the sum of Rs.25,000/-(rupees twenty five thousand only) and furnishing solvent surety in the like amount to the

satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make himself / herself available for interrogation by a Police Officer, as and when required. Applicant shall further abide by the

other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

Accordingly, Miscellaneous Criminal Case No.24796/2021 stands allowed.

Certified copy as per rules.