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Madhya Pradesh High Court · body

2015 DIGILAW 250 (MP)

Laxmi Narayan Sahu v. State of M. P.

2015-03-02

RAJENDRA MAHAJAN

body2015
ORDER 1. Heard arguments. 2. Perused material on record. 3. This is first bail application filed by the applicants under section 438 of the CrPC as they apprehend their arrest in Crime No.34/2015, registered at P.S. Sironj, Vidisha, against them for the offences punishable under sections 406 and 420 of the IPC. 4. Prosecution allegations are that the complainant had given the applicants a loan of rupees twenty lacs. Out of the said amount, he paid them Rs.11,90,000/- by a cheque and Rs.8,10,000/- in cash. The applicants returned him four cheques, each of which is of Rs.5,30,000/-, the total amount of all the cheques is Rs.21,20,000/-. Later, the complainant came to know that the applicants gave him the cheques of back dates and the validity period of them had been expired. Thus, the applicants have cheated him by giving back dates cheques. 5. Learned counsel for the applicants submits that the relation between the applicants is the father and the son. It is also submitted by him that if the contents of the FIR is accepted on its face value despite that it may be a case of civil nature. For the aforesaid contention reliance is placed on the decisions rendered in the matters of Ravindra Saxena v. State of Rajsthan [2010 STPL (LE) 42836 SC], Rakesh Baban Borhade v. State of Maharashtra and another [2014 STPL(LE) 49666 SC] and Sutapa Chakraborty and others v. State of Bihar and another (Criminal Miscellaneous No.14393 of 2007, Judgment dated 18.6.2012). 6. Learned public prosecutor opposes the prayer. 7. On due consideration of the facts and circumstances of the case and the submissions advanced on behalf of the parties by their counsel, but without commenting on merits of the case, I am of the opinion that it is a fit case for grant of anticipatory bail to the applicants. Accordingly, this application is allowed and it is directed that in the event of arrest of the applicants in connection with the aforesaid crime number and the offences, applicants, namely, Laxminarayan Sahu and Devendra Sahu be released on bail on their furnishing 'each' a personal bond in the sum of Rs.50,000/- (rupees fifty thousand only) with one solvent surety of the same amount to the satisfaction of the arresting police officer. 8. The applicants are directed to join the investigation immediately and to fully cooperate the investigating agency. 8. The applicants are directed to join the investigation immediately and to fully cooperate the investigating agency. They will further abide by the conditions enumerated in sub-section 2 of section 438 of the CrPC. .