Panna Singh vs State Of Madhya Pradesh

Heard. Case diary perused.

This is first application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 1247/2019, registered at Police Station-Chimanganj Mandi, District-Ujjain, for commission of the offences under Sections 420/34, 467, 468 and 471 of the IPC.

As per the prosecution case, it is alleged that applicant alongwith other co-accused agreed to sell lands to the complainants by showing themselves to be their actual owners and he received consideration amount from the complainants.

Learned counsel for the applicant submitted that the applicant is innocent and he has falsely been implicated in the present crime. Initially, the police registered the case against the applicant for commission of offence punishable under Sections 420, 467, 468 and 471 of the IPC. However, during the course of the investigation, investigation agency has dropped the charges for commission of offence punishable under Sections 467, 468 and 471 of the IPC. Now offence remains against the application under Section 420 of the IPC, which is compoundable offence. It is also submitted that the complainants have filed an affidavit before this Court stating that they all have received the money from the applicant, which they have given to him at the time of execution of sell agreement of lands, therefore, they have no objection in granting bail to the applicant. The applicant is in custody since 10/12/2019 and he is not required for further custodial interrogation. The offence registered against the applicant is triable by Judicial Magistrate First Class and conclusion of trial will take considerable time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Complainants namely, Phoolchand Jain, Suresh Rai, Radheshyam and Nilesh Agrawal are present in person before this court today and they accepted that they have already received the amount from the applicant, which they have given to him at the time of execution of sell agreement of lands and now they have no grievance with the applicant, therefore, they have no objection in granting bail to the applicant.

Learned Public Prosecutor for the respondent/State opposed the application and prayed for its rejection.

After considering the arguments advanced by the learned counsel for the parties and totality of the facts and circumstances of the case but without commenting on the merits of the case, the present application filed by the applicant is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

In case of bail jump this order shall become ineffective.