MP High Court Constitutes Special Bench Amid Vacation To Hear Plea For Transit Anticipatory Bail, Grants Relief To Senior Citizens

Noting that the Applicants are senior citizens and respectable Doctors, Justice Subodh Abhyankar found their case to be fit for grant of transit anticipatory bail, giving them time to approach the appropriate forum for grant of anticipatory bail-

From the record, it is found that both the applicants herein are the husband and wife and both of them are doctors. It appears that they had entered into an agreement with the opposite party in rela- tion to a plot in Village Kanadiya, District Indore (MP). Admittedly, the complaint regarding the aforesaid transaction has been lodged at Lalitpur (UP) and thus, considering the nature of the offence, as also the status of the present applicants as both of them are not only doctors, but are old aged persons, and are suffering from various diseases as aforesaid, this Court finds it expedient to allow the present transit anticipatory bail application for a period of 45 (forty five) days only, so as to enable the applicants to approach the concerned Court at Lalitpur (UP) or the Competent Court for their anticipatory bail.

Explainer : What Is 'Transit Anticipatory Bail'? When Can 'Transit Bail' Be Granted?

Facts of the case were that the Applicants were embroiled in a property dispute with the Complainant. Despite the suit property being situated in District Indore, the private complaint was filed before the lower court at District Lalitpur. The Applicants later received summons from the court concerned which had taken cognizance of offences punishable under Sections 420, 423, 120-B, 504 and 506 IPC. Aggrieved, the Applicants moved an application before the Court under Section 438 r/w Section 482 CrPC for grant of transit anticipatory bail.

The Applicants submitted before the Court that the summons came as a shock to them and had severely affected their health. Being senior citizens, they were also suffering from diseases attributable to their old age. They prayed before the Court that they were reputed doctors and were seeking for transit anticipatory bail so as to approach the Allahabad High Court later for grant of anticipatory bail.

Per contra, the State opposed the application on the ground that on perusal of the impugned order, it appeared that the Applicants were involved in defalcation and violation of conditional settlement/agreement.

Examining the submission of parties and documents on record, the Court granted transit anticipatory bail to the Applicants for 45 days. The Court further directed them to approach the appropriate forum for grant of anticipatory bail. Accordingly, the application was allowed.

Representations

Mr. Devaasheesh Dubey, Counsel for the Applicants

Mr. S.R. Saxena, Deputy Advocate General, for the State