Madhya Pradesh High Court
Hari Narayan Sharma vs The State Of Madhya Pradesh on 17 November, 2014
M.Cr.C. No.17164/2014
17.11.2014
Shri Praveen Dubey, Advocate for the applicant.
Shri Yadavendra Dwivedi, P.L. for the
respondent/State.
This is the first bail application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No.54/2014 registered at P.S. Amanganj, District Panna for the offences punishable under Sections 420, 409, 120-B read with Section of the IPC and Sections 13(1)
(c)/13(2), 13(1)(d)/13(2) of Prevention of Corruption Act.
As per prosecution, applicant is Director of Managing Committee of District Co-operative Central Bank Limited, Panna. It is alleged against this applicant and co-accused Abid Ali that they entered into a conspiracy. Co-accused Abid Ali had sanctioned loan in four cases to Swa Sahayata Samuh wherein at the initial stage, 50% amount has been deposited in the Bank, although the same could have been deposited within 5 years. The applicant and other co- accused persons have misappropriated the amount of loan.
Learned counsel for the applicant has submitted that similarly placed co-accused Abid Ali had already been enlarged on anticipatory bail by this Court in M.Cr.C. No.5203/2014 vide order dated 13.08.2014. He further submitted that all documents are available in the Bank. Nothing is required to be seized from his possession. He is ready to co-operate in the investigation and trial. He is a reputed citizen of the locality, in the event of arrest his reputation will be tarnished, therefore, he be released on anticipatory bail.
Learned counsel for State has opposed the petition. On due consideration of the contention raised by the learned counsel for the parties alongwith the fact that all documents are available in the Bank and nothing is required to be seized from his possession, I am of the considered view that it is a fit case to release the applicant on anticipatory bail. Therefore, without commenting on the merits of the case, this application is allowed and it is directed that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs. 35,000/- (Rs. Thirty Five Thousand only) with one surety in the like amount to the satisfaction of arresting officer.
The applicant is directed to join the investigation immediately and fully co-operate with the investigation. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C. He shall also make himself available for interrogation by a police officer as and when required.
In view of the ratio laid down by Hon'ble Apex Court in Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others JT 2010 (13) SC 247, this order shall remain in force till the end of the trial.
Certified copy as per rules.
(G.S.Solanki) Judge gn