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2013 DIGILAW 73 (CHH)

MOHAN LAL v. STATE OF C. G.

2013-02-28

MANINDRA MOHAN SHRIVASTAVA

body2013
ORDER Heard. The applicant has preferred this application under Section 438 of Cr.P.C., apprehending his arrest in connection with Crime No. 3/13, registered in Police Station- Anda, District- Durg, for the alleged commission of offence under Section 420 read with Section 34 of the IPC. Case of the prosecution, in brief, is that the applicant and another accused obtained signature of the complainant in the name of providing loan, but then it was used for the purpose of preparing a sale deed of immovable propel1y admeasuring 0.19 hectare of agricultural land. Learned counsel for the applicant submits that besides the allegation of cheating being improbable, later on, the matter has been settled between the parties and now Devbati has executed a fresh sale deed in favour of Shaymlal. He submits that offence under Section 420 of the IPC being compoundable, the applicant may be granted anticipatory bail. On the other hand, learned counsel for the State submits that looking to the manner in which the offence was committed by the applicant and other accused, involving transaction of immovable property, compromise is permissible only with the permission of the Court. Taking into consideration the submissions made by learned counsel for the parties, particularly taking into consideration that the applicant was not even the witness of the sale deed nor he purchased any property and further taking into consideration that Devbati has resold the property to Shyamlal and Shyamlal appeared before the Court to state that the parties have compromised there dispute, I am inclined to extend the benefit of anticipatory bail to the applicant. The application is accordingly allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the arresting officer on his executing a personal bond in the sum of Rs. 10,000/- with one local surety for the like amount to the satisfaction of the arresting officer with following further conditions that : (i) the applicant shall make himself available for interrogation by a police officer as and when required; (ii) the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. Bail Granted.