Madhya Pradesh High Court
Jabbar Singh vs The State Of Madhya Pradesh on 7 December, 2015
M.Cr.C. No.10798/2015
07.12.2015
Shri Ashish Gupta, learned counsel for the applicant.
Smt Pritha Moitra, learned counsel for the respondent
/State.
Case diary is available.
This is first application filed by the applicant under section 438 of the Code of Criminal Procedure for grant of bail.
The accused/applicant apprehends his arrest by the Police Station - Sondava, District - Alirajpur in Crime No.25/2015 under sections 409, 420, 467 and 471 of IPC.
According to the prosecution story, present applicant is a Secretary of Gram Panchayat Kulvat and Chhoti Hathvi District - Alirajpur. It is alleged that he misappropriated amount of Rs.14,75,350/-.
Learned counsel for the State opposed the bail application on the ground that huge amount of money was misappropriated by the present applicant. Arguments heard, case diary perused. Counsel for the applicant fairly submits that co-accused in this case was granted regular bail under section 439 of Cr.P.C. on deposition of Rs.2 lacs. He is also ready to deposit Rs.4 lacs. According to him, the amount of Rs.14,75,350/- is not correct. He has already done job of almost more than Rs.6 lacs. He further submits that he is ready to deposit Rs.4,50,000/- under protest.
Taking all the facts and circumstance of the case into consideration, specially the undertaking given by counsel for the applicant, without commenting on the merits of the case, I am of the view that it is a fit case for grant of bail. The application filed under section 439 of the Cr.P.C. is allowed.
Accordingly, it is directed that present applicant should deposit Rs.4,50,000/- before the trial Court and after deposition of the said amount, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned Magistrate for his appearance on all the dates of hearing as may be directed in this regard during trial.
He is further directed that on being so released on bail, he would comply with the conditions enumerated under section 437(3) Cr.P.C. meticulously.
The final disbursal of the amount deposited by the present applicant shall be governed by the final order passed by the trial Court in this matter.
Certified copy as per rules.
(Alok Verma) Judge Kratika/-