MAHILA KAMLA DUBEY Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first bail application u/S. 438 Cr.P.C. filed by the petitioner for grant of anticipatory bail.

(2.) Petitioner apprehends her arrest in connection with offences punishable u/S 339-A, 339-B, 339-C and 339-G of Municipal Act registered as Crime No. 74/2018, by Police Station Alampur District Bhind (M.P.) Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.

(3.) Learned counsel for the petitioner submits that the allegation against the petitioner who is 81 years old lady and is said to be suffering from various disease that he has indulged in illegal colonization. Prima facie the case of illegal colonization appears to be made out but the said offence u/s 339-C of Municipalities Act is punishable with maximum sentence of seven years and, therefore, the provision of Sec. 41(1)(b) gets attracted.