Madhya Pradesh High Court
Manoj Jain vs Shriram Transport Finance Company Ltd. on 17 July, 2015
M.Cr.C. No. 2336/2015
Manoj Jain Vs. Shriram Transport and Another
17/07/2015
Shri Anoop Gupta, Advocate for the applicant.
Shri J.M. Sahni, Panel Lawyer for the Respondent/State.
None appears for respondent No. 1.
This is the first application for anticipatory bail under Section 438 of Cr.P.C.
The applicant apprehends his arrest in connection with Criminal Complaint Case No. 4274/2014 registered in the Court of ACJM, Gwalior for offence punishable under Sections 406, 467 and 471 of IPC.
As per the prosecution story, respondent No. 1 lodged the private complainant against the applicant that the applicant had obtained loan for purchase of vehicle and he has to pay EMI for repaying the loan. However, by forging the documents, the applicant prepared an NOC and by canceled the hypothecation. The vehicle was discharged from the repayment of the loan amount. Learned ACJM took cognizance against the applicant under Sections 406, 467 and 471 of IPC.
Learned Special Judge under SC/ST (POA Act), 1989 dismissed the application for anticipatory bail on 24.02.2015.
Learned Panel Lawyer for the State opposed the application. On behalf of the applicant, it is submitted that the applicant is the permanent resident of Itava Road, Bhind and he is not likely M.Cr.C. No. 2336/2015 Manoj Jain Vs. Shriram Transport and Another to abscond. Therefore, he given the benefit of anticipatory bail.
Keeping in view the same without commenting anything on the merits of the case, application is allowed.
It is directed that the applicant will make himself present before the concerned Court within seven days from today, he be taken into custody and the applicant shall be released on bail on furnishing a personal bond in a sum of Rs.2,00,000/- (Rupees two lacs only) with one solvent surety in the like amount to the satisfaction of the concerned Court.
The applicant is directed to join the investigation immediately and to fully co-operate with the investigation. He shall further abide by other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
In view of the ratio laid down by the Hon'ble Apex Court in Siddharam Satlingappa Mehtre Vs. State of Maharashtra and others reported in JT 2010 (13) SC 247, this order shall remain in force till the end of trial.
A copy of this order be sent to the concerned court for necessary information and compliance.
Certified copy as per rules.
(S.K. Palo) JUDGE Sateesh