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Madhya Pradesh High Court

Vijay Ambekar vs The State Of Madhya Pradesh on 31 October, 2023

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                            1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                             ON THE 31 st OF OCTOBER, 2023
                                        MISC. CRIMINAL CASE No. 46884 of 2023

                          BETWEEN:-
                          VIJAY AMBEKAR S/O SHRI MADHUKAR AMBEKAR,
                          AGED ABOUT 59 YEARS, RESIDENT OF VILLAGE 95
                          GOMAL     VIHAR, K H AJ R AN A, DISTRICT INDORE
                          (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI MANISH DATT - SENIOR ADVOCATE WITH SHRI NISHANK PAL
                          VARMA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          S TA T I O N KUNDIPURA, DISTRICT CHHINDWARA
                          (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (BY SHRI C.M. TIWARI - GOVT. ADVOCATE)

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

This is the second application filed by the applicant under Section 439 of t h e Code of Criminal Procedure for grant of regular bail relating to FIR No.290/2022, registered at Police Station Kundipura, District Chhindwara (M.P.) for the offence under Sections 420, 409 of Indian Penal Code and Section 3/7 of Essential Commodities Act.

2. Learned counsel appearing for the applicant submitted that applicant is Manager of Warehousing and Logistic Corporation. As per prosecution story, grains is to be supplied from Warehouse to Public Distribution Shops. Grain Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 11/1/2023 3:42:33 PM 2 was sent from the Warehouse, but it did not reach the targeted Public Distribution Shops and same was sold by transporter to one Robin. Police has seized the entire grain from Robin. It is further submitted that transporter has already been enlarged on bail. Gate passes were issued by subordinate of applicant. Applicant may be negligent in his act and conduct, but he had no intention to do cheating to criminal misappropriation. In these circumstances, he prays for grant of bail to applicant.

3. Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that grains was kept in Warehouse under twin lock system. Keys of one lock was with the applicant and other lock remains with the go-down owner/controller. Without obtaining the keys from applicant it is not possible to open the go-down and supply the grains. In these circumstances, applicant has direct hand in committing the offence.

4. Heard the counsel for the parties.

5. Entire grains which is said to be supplied and misappropriated has been recovered by police. Applicant is Manager of Warehouse and there is no likelihood of his absconding from law. Applicant is in jail since last one month. Applicant is no longer required for custodial investigation of the case.

6 . Considering aforesaid facts and circumstances of the case, bail application filed by the applicant is allowed.

7. It is directed that the applicant shall be released on bail on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial on aforesaid conditions.

8. The applicant shall also abide by the conditions enumerated under Section 437 (3) of Cr. P. C.

9. C.C. as per rules.

(VISHAL DHAGAT) JUDGE sp/-