Madhya Pradesh High Court
Manisha Datta vs The State Of Madhya Pradesh on 2 November, 2022
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 2nd OF NOVEMBER, 2022
MISC. CRIMINAL CASE No. 45914 of 2022
BETWEEN:-
MANISHA DATTA W/O SHRI DATTA SITARAM
PAWAR, AGED ABOUT 35 YEARS, OCCUPATION:
GOVT. SERVANT R/O VILL. BHAWELE THANA
PADGE DISTT. THANE (MAHARASHTRA)
.....PETITIONER
(BY SHRI MOHAMMAD ALI-ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION THAN DEHAT TIKAMGARH
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI K. K. VERMA-PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
This first bail application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail pending the trial.
The applicant has been arrested in connection with Crime No.135/2022, registered at P.S.-Dehat, District - Tikamgarh (M.P.) for commission of offence under Sections 403, 420, 467, 468 & 471 of IPC. She is in detention since 12.06.2022.
As per the prosecution story, on 26.04.2022 Manoj Kumar Bhamri Assistant Grade II in the office of Child and Women Development Welfare Signature Not Verified Signed by: BIJU BABY Signing time: 11/3/2022 2:22:11 PM 2 Department, Tikamgarh filed an application in writing before police alleging that due to typing mistake through IFMIS an amount of Rs.32,00,000/- withdrawn for the construction of the Angwadi building was deposited in Account No.98930100009366 IFSC Code BARBOTIKAMG in place of Account No.38930100009366. Withdrawal of the amount was stopped. But the Bank of Baroda informed that account holder of that account Ms.Diksha Datta, resident of Bhawele Thana Padga Thane has withdrawn an amount of Rs.21 lacs from the account but Rs.11,08,733/- are still deposited in that account. It was found that joint bank account holders Diksha Datta Pawar and Manisha Datta Pawar had withdrawn an amount of Rs.21,18,990/- from that account after submitting false undertaking before the bank. After investigation, charge sheet has been filed.
Learned counsel for the applicant has submitted that applicant has not committed any offence. She is innocent. She has been falsely implicated. The applicant is joint account holder of the account. She has inadvertently withdrawn an amount of Rs.21,18,990/- from that account. She is ready to deposit the withdrawn amount before the trial Court. Therefore, she may be released on bail subject to condition of depositing that amount. She shall abide by all the conditions whatsoever imposed by this Court.
On the other hand, learned Panel Lawyer for the respondent/State has opposed the grant of bail to the applicant.
I have gone through the case diary and the controversy involved in the matter. Having taken into consideration all the facts and circumstances of the case, I am of the view that in the light of the submissions advanced by learned counsel for the applicant bail may be granted to the present applicant by imposing conditions. Consequently, this first bail application under Section 439 Signature Not Verified Signed by: BIJU BABY Signing time: 11/3/2022 2:22:11 PM 3 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant stands allowed.
Before furnishing personal bond and bail bond before the trial Court, applicant shall deposit an amount of Rs.21,18,990/- (Rupees: twenty one lac eighteen thousand nine hundred ninety only) before the trial Court and trial Court shall be at liberty to give that amount on Supurdgi to the authorized officer of the Child and Women Development, Tikamgarh for depositing the same in the account of department by imposing necessary conditions.
It is directed that applicant be released on bail on her furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One lac only) with one solvent surety in the like amount to the satisfaction of the trial Court, for her regular appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by her;
2. The applicant will cooperate in the trial;
3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which she is accused;
5. The applicant will not seek unnecessary adjournments during the trial.Signature Not Verified Signed by: BIJU BABY Signing time: 11/3/2022 2:22:11 PM 4
This order shall remain effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE b Signature Not Verified Signed by: BIJU BABY Signing time: 11/3/2022 2:22:11 PM