Madhya Pradesh High Court
Dr.S.S.Verma vs The State Of Madhya Pradesh on 22 November, 2016
-: 1 :-
Misc. Criminal Case No.2037 of 2016
22.11.2016 :-
Shri Vikas Jain, learned counsel for the applicant.
Shri Himanshu Joshi, learned Panel Lawyer for the
Non-applicant No.1/State.
Shri Abhishek Tugnawat, learned counsel for the Non-
applicant No.2/objector.
Heard with the aid of the case-diary.
O R D E R
THIS is first application under Section 438 of the Code of Criminal Procedure. The applicant is seeking anticipatory bail in connection with Private Complaint No.106/2016 pending before the Fifth Additional Sessions Judge, Mandsaur for the offence punishable under Sections 420, 466, 468 and 120-B of IPC.
Learned counsel for the applicant submits that the applicant is a Civil Surgeon. Actually the complainant's father was admitted in the private ward of District Hospital and when complainant was asked to pay the hospital charges, then he has misbehaved with the staff of the hospital and thereafter filed a false complaint only to harass the applicant. -: 2 :- In the departmental enquiry, the applicant has been exonerated. This Court has already granted anticipatory bail to co-accused Smt. Chandan Mehta. The applicant is ready to co-operate with the investigation. In such circumstances, he be granted anticipatory bail.
On the other hand, learned Panel Lawyer for the non-applicant/State as well as learned counsel for the objector vehemently oppose the prayer and submit that the applicant has prepared a forged attendance register and on that basis disbursed the salary of Smt. Chandan Mehta, thereby he has committed the serious offence. In case he is released on bail, he will create obstruction in the trial. Hence, pray for dismissal of the application.
I have considered the overall facts and circumstances of the case, nature of the offence, I am of the view that the applicant has made out a case for granting anticipatory bail. Accordingly, the application is allowed. Applicant is directed to appear before the Trial Court on or before 07.12.2016 and if the applicant appears within such period, he be released on bail on his depositing a sum of -: 3 :- Rs.50,000-00 [Fifty Thousand Rupees] as cash security in the Trial Court and on furnishing a personal bond in the sum of Rs.1,00,000-00 [One Lakh Rupees] with a local solvent surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed.
Applicant shall ensure that he would not commit any such offence during currency of bail and rest of the conditions stipulated under Section 438 (2) of the Code of Criminal Procedure shall be binding on him.
It is made clear that if the applicant breaches any of the conditions, then this order shall stand automatically cancelled without reference to this Court and the concerning Court shall be free to take appropriate action to secure the presence of the applicant.
Copy of the order be sent to the concerned Trial Court for compliance.
M.Cr.C. stands disposed of.
Certified copy as per rules.
[ Jarat Kumar Jain ] JUDGE (AKS) -: 4 :-