Madhya Pradesh High Court
Smt. Phoola Rani vs The State Of Madhya Pradesh on 4 August, 2014
M.Cr.C. No.11070/2014
04.08.2014
Shri Ajay Mishra, Advocate for applicant.
Shri S.D Khan, G.A for the respondent/State.
This is an application for bail under section 439 of Cr.P.C. for offence under Sections 409 IPC in connection with Crime No.165/2010 registered at Police Station Gourihar District Chhatarpur.
According to prosecution on 29/11/2010 complainant Rajat Tiwari, Prabhari, Mid Day Meal lodged report making allegations that petitioner Sarpanch and Sachiv conspired together and embezzled about Rs.86,000/-, which was received by them in the name of Mid Day Meal of Hanuman Swa Sahayata Samooh.
Learned counsel for petitioner submits that FIR lodged on the basis of audit objection and petitioner is innocent lady having no criminal past and is in custody since 04/07/2014.
Learned counsel for State submits that sufficient evidence available to show that in month of August- September 2010 in Swa Sahayata Samooh Rs. 86,000/- have been embezzled and misused by Office bearers including petitioner Sarpanch and Sachiv.
In response, learned counsel for petitioner submits that now under protest petitioner is keen and ready to deposit amount of Rs.30,000/- (thirty thousand rupee) in trial court to make the loss good to some extent but it would be subject to final decision of the trial court and this deposit of amount shall not be treated admission of guilt by the petitioner.
Without commenting on merits of the case, on due consideration of the facts and circumstances of the case, I deem it proper to grant bail to the petitioner with condition that in the event of single absence in the trial proceedings, petitioner shall be liable for cancellation of this bail order. Petitioner Smt. Phoola Rani will be released on bail on her furnishing a personal bond in a sum of Rs.30,000/- with a surety of like amount to the satisfaction of trial Court for her appearance in trial Court on dates to be fixed by that Court during trial. This bail shall continue during the pendency of the trial. In the event of jumping the bail, this facility will be withdrawn from petitioner. Provisions of Section 437(3) Cr.P.C. shall apply to the petitioner. It is made clear that prior to the release of applicant on bail the trial court shall ensure amount is deposited.
Certified copy as per rules.
(Tarun Kumar Kaushal) Judge tarun