Madhya Pradesh High Court
Devendra Jain vs The State Of Madhya Pradesh on 9 July, 2018
1 MCRC-22306-2018
The High Court Of Madhya Pradesh
MCRC-22306-2018
(DEVENDRA JAIN Vs THE STATE OF MADHYA PRADESH)
4
Jabalpur, Dated : 09-07-2018
The case is taken upon mention.
Shri Ashish Trivedi, counsel for the petitioner.
Shri B.S. Kushwaha, Panel Lawyer for the respondent/State.
The Investigating Officer is present to assist the learned Panel Lawyer for the respondent/State in arguments.
Heard on this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the petitioner Devendra Jain in crime no.101/2018 registered by P.S. Kesli District-Sagar under Section 420 of the IPC.
As per the prosecution case, the petitioner is not a registered farmer, yet he sold 254 bags of gram seed and 59 bags of masoor dal in the procurement centre at village, Bhamhori under Bhavantar Scheme.
Learned counsel for the petitioner submits that it is not clear as to in what manner aforesaid grain was sold by the petitioner and as to why he was allowed to sell the same in the name of eight farmers, when those farmers were not present. He further submits that the copy of the receipt that has been filed by the respondent/State, is a rough receipt. It is not clear as to by whom this receipt has been issued. It pertains only 259 bags and 29 kgs of masoor. There is no mention in aforesaid receipt, that 254 bags of gram seed. He further submits that the grains are purchased online but only this off-line receipt has been filed. Therefore, it has been prayed that petitioner be released on bail.
Learned Panel Lawyer for the respondent/State on the other hand has opposed the application mainly on the ground that the petitioner was caught before online transaction could take place; as such, this was only an attempt on behalf of the petitioner to cheat. He has admitted that no money was paid to the petitioner because his attempt had failed; however, he has no explanation as to why 254 kgs of gram seed was not mentioned in the receipt. No separate receipt for the same has also been filed. The petitioner has been in custody since 01.06.2018. Therefore, it has been prayed that the petitioner be released on bail.
Keeping in view the facts and circumstances of the case in their entirety, particularly the facts as pointed out by the learned counsel for the petitioner and those conceded by the learned Panel for the respondent/State, in the opinion of this Court, the petitioner deserves to be released on bail.
Consequently, this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the petitioner Devendra Jain, is allowed.
2 MCRC-22306-2018 It is directed that the petitioner shall be released on bail on furnishing a personal bond in the sum of Rs. 40,000/- with a solvent surety in the same amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437(3) of the Code of Criminal Procedure.
Certified copy as per rules.
(C V SIRPURKAR) JUDGE vai Digitally signed by VAISHALI AGRAWAL Date: 2018.07.10 05:12:50 -07'00'