Madhya Pradesh High Court
Tamilal Invati vs The State Of Madhya Pradesh on 9 January, 2015
M.Cr.C. No. 20791/2014
9/01/2015
Shri Sushil Tiwari, Advocate for the applicant.
Shri A.N. Gupta, PL for the respondent/State.
Heard finally.
This is the first application filed by applicant under Section 438 of the Cr.P.C for grant of anticipatory bail.
Applicant is apprehending his arrest in connection with Crime No. 696/2014 registered at police station Lakhnadon, District Seoni for the offence punishable under sections 420, 409/34 of IPC.
Learned counsel for the applicant submits that applicant has been falsely implicated in this case. As per prosecution itself the construction work of primary school, Bhumka was done for which Rs. 1,99,170/- has been expended and remaining amount of Rs. 2,67,614/- said to have been misappropriated by this applicant being the secretary and sarpanch of Panchayat. He is a govt. servant. In the event of arrest, his govt. service will be adversely affected therefore, he proposed to deposit Rs. 1 lac under protest in the account of Gram Panchayat Patharkathi. It is further submitted that all concerning documents are available in the Gram Panchayat, Patharkathi and nothing is required to be recovered from the possession of this applicant. He is ready to co-operate in further investigation. Under such circumstances, he prays for grant of anticipatory bail to the applicant.
Learned counsel for the State opposes the application.
On due consideration of the facts and contention raised by learned counsel for the parties alongwith the proposed amount under protest, I am of the view that it is a fit case for grant of anticipatory bail to applicant. Therefore, without commenting on the merits of the case, this application is allowed subject to depositing Rs. 1,00,000/- under protest in the account of Gram Panchayat, Patharkathi and on producing the receipt of aforesaid deposited amount it is directed that in the event of arrest, applicant shall be enlarged on bail on his furnishing a personal bond in the sum of Rs. 30,000/- (Rupees Thirty Thousand Only) with a surety bond in the like amount to the satisfaction of Arresting officer.
Applicant is directed to join the investigation and fully co-operate with the investigating agency. He shall further abide by the other conditions enumerated in sub- section (2) of Section 438 of Cr.P.C.
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, it is directed that this order shall remain in force till the end of trial.
C.C. as per rules.
(G.S. Solanki) Judge navin