SURENDRA KOTHARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is first application under Section 438 of the Code of Criminal Procedure. The applicant is seeking anticipatory bail in connection with Crime No.338/2015 for the offence punishable under Section 420/34 of IPC, registered at Police Station - Old Industrial Area Ratlam and Deen Dayal Nagar District -Ratlam.

(2.) As per the prosecution case, on 07/10/2009, complainant Manoj Sharma has purchased second hand four wheeler vehicle from Anand Shah for a consideration of Rs.2,97,000/ - and Anand Shah handed -over the vehicle to Manoj Sharma. On 05/11/2009, applicant Surendra Kothari, who is the financer, has forcibly taken possession of the vehicle and sold the vehicle to Renuka Shrivastava without consent of Manoj Sharma. Manoj Sharma has made a written complaint on 10/06/2015. Then a case has been registered against the applicant and other persons. Learned counsel for the applicant submits that the applicant is a financer, having no criminal antecedents. A false report has been lodged after five years. The applicant has been falsely implicated in this case. He is ready to co -operate with the investigation. Co -accused Shambhu Dayal has already been granted bail by this Court in M.Cr.C. No.6540/2015 on 07/08/2015. Hence, the applicant be granted anticipatory bail.

(3.) On the other hand, learned Panel Lawyer for the Non - applicant/State opposes the prayer.