Sanjeev Singh Jadon vs State of M.P.

D.K.Paliwal, J.—Heard. Perused the case diary.

This is first bail application filed by the applicant u/s 438 of Cr.P.C. for grant of anticipatory bail.

The applicant is apprehending his arrest in connection with Crime No. 308/13 registered at P.S. Bahodapur, District Gwalior, for the offence punishable under Sections 420, 448, 506, 467, 468 and 471 of IPC.

As per prosecution case, complainant has purchased a plot situated at Shivrampuram Grah Nirman Samiti, Gwalior, from Smt. Mala Jain and Smt. Mala Jain has purchased the said plot from one Jagdish Nagi. Applicant with the connivance of Suresh Singh Sikarwar, who is a land Mafia, got executed a registered sale-deed of the same plot in his favour.

Learned counsel for the applicant submits that applicant has falsely been implicated in the case. Applicant is a bonafide purchaser and he has purchased the plot from Shivrampuram Grih Nirman Samiti whose working president is Suresh Singh Sikarwar. It is further submitted that applicant has filed a civil suit regarding the alleged plot. Co-accused Pramod Rai has been released on anticipatory bail by this Court vide order dated 10.7.2013 passed in M.Cr.C. No. 4846/2013. On these grounds, prayed for bail.

Learned Public Prosecutor for the State has opposed the bail application.

Taking into consideration the aforesaid facts of the case and the fact that applicant has also filed a civil suit for declaring that he is the owner of the plot, but without commenting on the merits of the case, this application is allowed and it is directed that in the event of arrest, applicant shall be enlarged on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with a surety bond in the like amount to the satisfaction of Arresting officer/competent Court. The applicant shall make himself available for interrogation by a police officer as and when required and he will co-operate in the investigation. He shall further abide by the other conditions enumerated in sub-section (2) of 438 of Cr.P.C.

This order shall remain operative for a period of sixty days and during this period the applicant is free to move the regular bail application before the concerned Court. C.C. as per rules.