Madhya Pradesh High Court
Sharik Mohammad vs The State Of Madhya Pradesh on 21 December, 2016
MCRC-21335-2016
(SHARIK MOHAMMAD Vs THE STATE OF MADHYA PRADESH)
21-12-2016
Shri Manish Datt, learned Senior Advocate with Shri Pawan Gurjar,
Advocate for the applicant.
Shri A.K. Singh, PL for the respondent/ State.
Heard.
This is the first bail application filed by the applicant-accused under Section 439 of the Cr.P.C. for grant of bail who has been arrested on 15.11.2016 in connection with Crime No.403/2016, registered at Police Station M.P. Nagar, District Bhopal, for the offence under Section 409 of the IPC.
As per the prosecution story, the allegation against the applicant is that he being an employee of Family Credit Ltd. Company, LNT Finance, collected Rs.6,25,306/- from various persons but thereafter, he did not deposit this amount in the account of the company and committed criminal breach of trust.
It is contended on behalf of the applicant that the applicant is innocent. He is in custody since 15.11.2016. Charge sheet has been filed. Trial will take time in disposal of the case. Further it is submitted that the applicant was doing his job with the assistance of four other employees, in which, one Deepak Parashar has actually made defalcation, against whom, the applicant has filed civil suit which shows bona fide of the applicant. There is no likelihood of his absconding or tampering the prosecution witnesses. Hence, he be released on bail. Learned PL has opposed the bail application and prayed for its rejection. Having considered the facts and circumstances of the case, the applicant is not required to be kept in custody during whole period of trial. Hence, this application is allowed and it is ordered that the applicant-accused Sharik Mohammad be released on bail on his furnishing a personal bond for the sum of Rs.1,00,000/- (Rupees One Lac only) with a solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C. Certified copy as per rules.
(J. P. GUPTA) JUDGE JP