Madhya Pradesh High Court
Subhash Kumar Jaiswal vs The State Of Madhya Pradesh on 22 September, 2015
MCRC-16347-2015
(SUBHASH KUMAR JAISWAL Vs THE STATE OF MADHYA PRADESH)
22-09-2015
Shri P.K. Saxena, counsel for the applicant.
Shri Brahmdatt Singh, Public Prosecutor for the
respondent/State.
Heard the learned counsel for the parties. This is the repeat bail application, whereas previous application was dismissed on 14.9.2015 being withdrawn with the liberty that a fresh application may be moved after submission of the proposal.
The applicant is in custody since 28.5.2015 relating to crime No.267/2015 registered at Police Station Kotwali, Sidhi for the offences punishable under Sections 409, 420, 467, 468, 471 and 120-B of the IPC.
Learned counsel for the applicant submits that the applicant is a reputed citizen of the locality, who has no criminal past alleged against him. He was a daily wager clerk in a particular bank. There was no role of the applicant in any breach of trust or cheating.
However, to show his bonafide intention, the applicant is ready to deposit a sum of Rs.1,50,000/- under protest with the pretext that if he is found guilty then, deposited sum may be adjusted towards the defalcated sum, otherwise he would be entitled to get the sum back. Looking to the complexity of the case, sufficient time will be required for the disposal of the case. The applicant cannot be kept in the custody for an unlimited period. Consequently, he prays for bail. Learned Public Prosecutor for the State opposes the application.
Considering the submissions made by learned counsel for the parties, looking to the facts and circumstance of the case, including the gravity of offence, without expressing any view on the merits of the case, I am of the view that application under Section 439 of Cr.P.C. filed by the applicant may be accepted subject to deposit a sum of Rs.1,50,000/- (Rupees one lac fifty thousand only) before the CJM, Sidhi. Consequently, it is hereby allowed. It is directed that if the applicant namely Subhash Kumar Jaiswal produces the receipt of depositing the aforesaid amount then, he be released on bail on his furnishing a personal bond in the sum of Rs.70,000/- (Rupees seventy thousand) with a surety bond of the same amount to the satisfaction of the CJM, Sidhi to appear before the committal Court and the trial Court on the dates given by the concerned Courts.
The trial Court would be free to disburse the deposited sum to the complainant side after taking due undertaking etc. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective. Certified copy as per rules.
(N.K. GUPTA) JUDGE