Madhya Pradesh High Court
Kuldeep Jadeja vs The State Of Madhya Pradesh on 10 November, 2020
Author: Vivek Rusia
Bench: Vivek Rusia
-1- MCRC No.40256/2020
HIGH COURT OF MADHYA PRADESH,
BENCH AT INDORE
MCRC NO.40256/2020
Kuldeep Jadeja s/o Jaidev Singh Jadeja vs. State of M.P
10.11.2020: (INDORE):
Shri N.K.Soni, learned counsel for the applicant.
Shri Amit Rawal, learned Panel Lawyer for the
respondent/State.
Heard learned counsel for the parties through video conferencing.
This is first application filed under section 438 Cr.P.C seeking anticipatory bail as he apprehends with arrest in connection with Crime No.382/2020 registered at police station Pithampur, district Dhar for the offence punishable under sections 406 & 403 of the IPC.
As per prosecution story complainant Sumitranandan Chaturvedi has made a written complaint in the police station that he wanted to transfer an amount of Rs.12,75,000/- in the account of Shiv Enterprises, Indore in respect of payment of purchase of scrap material by way of RTGS but by mistake the said amount has been credited in the account of Shiv Enterprises, Surendranagar, Gujarat, therefore, he requested the present applicant to return the said amount but he declined and came with a false plea in respect of some business transaction with him. Vide order dated 01.10.2020, learned trial Court has rejected the bail -2- MCRC No.40256/2020 application on merit, hence the present application before this Court.
Learned counsel for the applicant submits that out of 12,75,000/-he has returned an amount of Rs.12,40,001/- to the complainant. Vide order dated 05.11.2020 learned Panel Lawyer was directed to verify about the aforesaid payment. Today learned Panel Lawyer has verified this fact but there is a balance amount of Rs.35,437/- which is yet to be paid.
Shri Soni, learned counsel appearing on behalf of the applicant submits that the applicant is ready to return the said amount within 15 days without being prejudiced by his defence to be taken in the trial Court, hence he may be given protection of bail as he is a reputed businessman of the city. If he is arrested he will loose his reputation in the society. The applicant has no criminal antecedents.
Learned Panel Lawyer opposes the bail application. Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, without commenting on the merits of the case, the application filed by the applicant is allowed with conditions. The applicant is directed to be released on bail subject to his depositing the remaining amount within 15 days from today and upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court -3- MCRC No.40256/2020 concerned during trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.c as per rules.
(VIVEK RUSIA) JUDGE Digitally signed by Hari Kumar Nair hk/ Date: 2020.11.10 15:48:20 +05'30'