Shashank @ Raja vs The State Of Madhya Pradesh on 12 April, 2023

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Madhya Pradesh High Court

Shashank @ Raja vs The State Of Madhya Pradesh on 12 April, 2023

Bench: Subodh Abhyankar

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                 ON THE 12 th OF APRIL, 2023
                                          MISC. CRIMINAL CASE No. 13658 of 2023

                           BETWEEN:-
                           SHASHANK @ RAJA S/O UDAYKUMAR MISHRA, AGED
                           ABOUT  22  YEARS, OCCUPATION: STUDENT R/O
                           BADNAWAR DISTT. DHAR (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (BY SHRI ANOPAM CHOUHAN, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION MANDSAUR
                           KOTWALI (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (BY SHRI SHALABH SHARMA, PANEL LAWYER)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                              ORDER

They are heard. Perused the case diary / challan papers.

This is the first application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.533/2022 registered at Police Station Mandsaur Kotwali, District Mandsaur (MP) for offence punishable under Sections 420, 406, 120-B and 409 of the Indian Penal Code, 1860. The applicant is in custody since 23/11/2022.

The allegation against the applicant is of criminal breach of trust and misappropriation of Rs.19 lakhs of the complainant.

Signature Not Verified

It is alleged against the applicant that he obtained the aforesaid amount Signed by: PANKAJ PANDEY Signing time: 12-04-2023 18:31:55 2 personally and through some other accounts on the pretext of supplying biodiesel. However, after the payment was made, neither the amount was returned by the applicant nor biodiesel was supplied to the complainant.

Counsel for the applicant has submitted that the applicant is aged 22 years and a student of BBA.

At the outset, counsel has also submitted that the applicant is ready to deposit such amount as may be directed by this Court. It is further submitted that the charge-sheet has already been filed and the applicant is lodged in jail since 23.11.2022, the application may be allowed.

Counsel for the State has opposed the prayer.

Having considered rival submissions, perusal of the case-diary and considering the fact that the charge-sheet has already been filed and the applicant is also ready to deposit some amount. In such circumstances, without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed subject to deposit of total sum of Rs.15,00,000/- (Rupees Fifteen Lakhs) by the applicant, out of which, Rs.5,00,000/- (Rupees Five Lakh) before his release i.e. at the time of furnishing the bail bond in a fixed deposit in a nationalized bank and producing the receipt/certificate of the same before the concerned trial Court and rest of Rs.10,00,000/-(Rupees Ten Lakhs) to be deposited by the applicant in five equal installments of Rs.2,00,000/- each within a period of five months from the date of his release in a fix deposit in a nationalized bank and producing the receipt/certificate of the same before the concerned trial Court and the said amount shall be subject to the final outcome of the case by the trial Court. The deposit receipt/certificate so produced by the applicant shall be Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 12-04-2023 18:31:55 3 endorsed by the learned Judge of the lower Court to be, 'furnished towards the bail of the applicants and shall be subject to the final decision of the case by the trial Court'.

It is further directed that the applicant shall be released on bail on his furnishing a bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, to appear before the trial Court on the dates given by the Court. This bail order shall be subject to furnishing an undertaking that the applicant will deposit the amount respectively as directed above. It is also directed that the applicants will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

(SUBODH ABHYANKAR) JUDGE Pankaj Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 12-04-2023 18:31:55

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