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2022 (1) TMI 1397 - HC - Indian LawsSeeking grant of anticipatory bail - Making of colonies or not - applicability of section 339 of Municipalities Act - applicants remained absent before the Court of JMFC, Nagda on the date when chargsheet was filed against them - HELD THAT - Considering the facts and circumstances of the case, material pointed out by learned counsel for both the parties, allegations made against the applicants, the bail application is allowed. Petition disposed off.
Issues: Application for anticipatory bail under Section 438 of Cr.P.C.
Analysis: The judgment pertains to an application for anticipatory bail under Section 438 of the Criminal Procedure Code (Cr.P.C.) filed by the applicants, Chandmal and Nemichand, fearing arrest in connection with a case registered under Section 339-C of the Municipalities Act at Police Station- Nagda, District- Ujjain (M.P.). The prosecution alleges that the applicants, as landowners, unlawfully sold plots without proper permissions for colony development within the Municipality Nadga, violating regulations. The complainant lodged a report against them, leading to the legal action. The applicants' counsel argued that they did not develop any colony requiring statutory permissions, cooperated with the investigation, and are elderly individuals aged around 72 and 77 years. They claim innocence and assert that the allegations are based on existing documentary evidence with the police. Despite a chargesheet being filed and an arrest warrant issued, they argue against custodial interrogation, emphasizing the time-consuming trial process and seeking protection from arrest. In contrast, the State's counsel opposed the bail application, citing the applicants' absence in court when the chargesheet was filed, suggesting that they should not be shielded from arrest. After considering the arguments, evidence, and circumstances, the judge declined to grant anticipatory bail. However, due to the applicants' advanced age, the non-severity of potential punishment, and in line with the legal precedent set by the Supreme Court in Arnesh Kumar's case, the judge directed that if the applicants surrender before the court and apply for regular bail under Section 437 of Cr.P.C., their application should be promptly considered, preferably on the same day, following the principles of the mentioned case. The judgment concludes by disposing of the petition with the outlined directions, ensuring compliance with the legal procedures and regulations.
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