Madhya Pradesh High Court
Bhangi Lal Jhariya vs The State Of Madhya Pradesh on 4 February, 2019
The High Court of Madhya Pradesh
M.Cr.C.No.4402/2019
(Kamlesh Jhariya Vs. State of M.P. )
M.Cr.C.No.4403/2019
(Bhangi Lal Jhariya Vs. State of M.P. )
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Jabalpur, Dated : 4-2-2019
Shri Durgesh Singrore, counsel for the applicants.
Shri Maqbool Khan, G.A., for the respondent/State.
Heard. Case diary perused.
By this common order, both the applications are decided. These are first bail applications filed under Section 439 of the Cr.P.C. for grant of bail to the applicants.
The applicants have been arrested in connection with Crime No.4/2019, registered at Police Station Motinala, District Mandla, for the offences punishable under Sections 420 read with section 34 of IPC.
The allegation of prosecution is from 14.11.2018 onwards at village Begakheda, Mawai, under the jurisdiction of Police Station Motinala, District Mandla the applicants Kamlesh Jhariya and Bhangi Lal Jhariya, on the pretext of digging out the treasure by means of witch craft have cheated and obtained Rs.1,00,000/- from complainant Nathuram and other villagers Bhagwan Singh, Hira Singh Girani Singh and have ploughed and taken out the pot, which applicants handed over to the complainant and his companions, by saying that it is having gold coins, but when it was opened by them, it was found that instead of gold coins some brass coins were found in it. On that basis the aforesaid crime has been registered against the applicants and they have been arrested.
Learned counsel for the applicants has submitted that the applicants are innocent persons. The applicants are in custody since 15.1.2019. The trial will take a long time to conclude. There is no likelihood of their absconding or tampering with the The High Court of Madhya Pradesh M.Cr.C.No.4402/2019 (Kamlesh Jhariya Vs. State of M.P. ) M.Cr.C.No.4403/2019 (Bhangi Lal Jhariya Vs. State of M.P. ) 2 prosecution witnesses. It is further submitted that the offence is compoundable and if the applicants are permitted to undergo the compromise, then they are ready to deposit the alleged defalcated amount in advance in the trial Court. Therefore, it is prayed that the applicants be released on bail.
Learned Government Advocate for State has opposed the applications for bail.
Undoubtedly the offence is compoundable, but it is stated that the charge sheet has not yet been filed.
Looking to the facts and circumstances of the case, I am of the view that on the appellants depositing Rs.50,000/- (Rupees fifty thousand only) each before the trial Court in CCD account, they be enlarged on bail with a direction that when the complainant party and applicants enter into compromise and if accepted, then the alleged disputed amount which was said to be defalcated will be disbursed to the complainant and his other companions, who have contributed the amount according to their contribution. It is also observed that if both the parties don't enter into compromise then the fate of the deposited amount will depend on the outcome of the final disposal of the case.
It is further directed that the appellants depositing the aforesaid amount before the trial Court, the applicants Kamlesh Jhariya and Bhangi Lal Jhariya, shall be released on bail on their furnishing personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial Court. The applicants shall abide by the conditions as enumerated under Section 437(3) of the Cr.P.C. and in the The High Court of Madhya Pradesh M.Cr.C.No.4402/2019 (Kamlesh Jhariya Vs. State of M.P. ) M.Cr.C.No.4403/2019 (Bhangi Lal Jhariya Vs. State of M.P. ) 3 event of breach of condition of bail, the trial Court will be competent to take coercive action against the applicants.
These M.Cr.C. stand allowed and disposed of. C.C. as per rules.
(MOHD. FAHIM ANWAR)
M JUDGE
Digitally signed by
SANTOSH P MATHEWS
Date: 2019.02.05
10:45:23 +05'30'