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2011 DIGILAW 50 (MP)

GULAB SINGH s/o BAINI SINGH THAKUR v. STATE OF M. P.

2011-01-11

N.K.GUPTA

body2011
JUDGMENT : 1. Shri Sushil Tiwari, counsel for the applicant. Smt. Sushila Paliwal, Public Prosecutor for the State/respondent. 2. Heard on I.A. No. 611/2011, an application for urgent hearing. 3. Since case diary is available, application is allowed. 4. Heard the learned counsel for the parties. 5. The applicant has an apprehension of his arrest in the Crime No. 845/2010 registered at Police Station Katni, District Katni for offence punishable under sections 452, 323, 506 of Indian Penal Code. 6. Learned counsel for the applicant submits that except the offence punishable under section 452 of Indian Penal Code, all other offences are bailable. There is no allegation that the applicant entered in the house with some weapon, therefore no offence under section 452 of Indian Penal Code is made out. The overt-act as alleged against the applicant may come under the purview of section 451 of Indian Penal Code which is bailable. The applicant is a reputed citizen of the locality, who has no criminal past. Therefore, he prays for anticipatory bail. 7. Learned Public Prosecutor for the State opposes the application. 8. Keeping in view the submissions made by learned counsel for the applicant and the facts and circumstances of the case, I am of the view that this is a fit case for grant of anticipatory bail to the applicant. Consequently this application of applicant under section 438, Criminal Procedure Code is hereby allowed. 9. It is directed that in the event of arrest, present applicant Gulab Singh shall be released on bail on his furnishing a personal bond in the sum of Rs. 20,000/- (Rupees twenty thousand only) with a solvent surety of the like amount to the satisfaction of Arresting Authority. 10. The applicant shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub-section (2) of section 438 of Criminal Procedure Code. 11. 20,000/- (Rupees twenty thousand only) with a solvent surety of the like amount to the satisfaction of Arresting Authority. 10. The applicant shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub-section (2) of section 438 of Criminal Procedure Code. 11. In view of the ratio laid down by the Hon'ble Apex Court in the case of Sidharam Satlingappa Mhetre vs. State of Maharashtra and others, Criminal Appeal No. 2271/2010 decided on 2-12-2010, it is directed that this order shall remain in force till the end of the trial, if the applicant furnishes the bail bond and surety bond before the committal Court/trial Court at the time for filing of challan as per the terms and conditions as mentioned above. 12. However, it is made clear that if the committal Court/trial Court issues an arrest warrant against the applicant due to his absence before that Court, then in such event this order be deemed ineffective. 13. Certified copy as per rules.