Madhya Pradesh High Court
Ashish Khandelwal vs The State Of Madhya Pradesh on 31 July, 2017
MCRC-7575-2017
(ASHISH KHANDELWAL Vs THE STATE OF MADHYA PRADESH)
31-07-2017
Shri Pradeep Katare, Advocate for the applicant.
Shri R.S. Yadav, Public Prosecutor for the
State/respondent.
Shri M.S. Rawat, Advocate for the complainant. Heard the learned counsel for the parties and perused the case diary.
This is first bail application filed by the applicant under Section 439 of Cr.P.C. for grant of bail. The applicant is arrested in connection with Crime No. 95/2017 registered at Police Station Dehat, Ashoknagar, for the offence punishable under Section 420/34 of IPC. Learned counsel for the applicant submits that as per the prosecution's case, the co-accused Ashish Khandelwal, proprietor of Rooftech Engineering Company entered into a contract with complainant for the construction of roof of warehouse and he received Rs.12.00 Lacs for such construction work but he did poor construction work and caused loss to the complainant. Learned counsel for the applicant further submits that the complainant has filed an affidavit that the applicant has paid the remaining amount of Rs. 4,00,000/-, therefore, he has no grievance against the present applicant. The applicant is in custody since 22.06.2017 and he is not required for further interrogation. Under these circumstances, learned counsel prays for grant of bail to the applicant.
Learned Public Prosecutor for the State opposes the bail application and prays for its rejection. After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, the application is allowed. It is directed that the applicant-Ashish Khandelwal be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with two solvent sureties of Rs.50000/- each to the satisfaction of the trial Court for his regular appearance before the trial Court on the condition that he shall remain present before the Court concerned during the trial and shall also comply with the conditions enumerated under Section 437(3) of Cr.P.C. and so also as imposed by the trial Court.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective. A copy of this order be sent for compliance to the Court concerned.
Certified copy as per rules.
(S.K. AWASTHI) JUDGE neetu