Madhya Pradesh High Court
Sikander Patel vs The State Of Madhya Pradesh on 22 December, 2021
Author: Rajendra Kumar Verma
Bench: Rajendra Kumar Verma
THE HIGH COURT OF MADHYA PRADESH, INDORE
BENCH
MCRC No.54959/2021
(Sikander Patel Vs. State of M.P.)
Indore, dated :22/12/2021
Shri Gourav Shrivastava, learned counsel for the
applicant.
Shri Gopal Yadav, Penal Lawyer for the respondent /State.
Heard. Perused the case diary.
This is first bail application under Section 438 of Cr.P.C. for grant of bail. The applicant Sikander Patel, who is apprehending his arrest in Crime No.411/2021 registered at Police Station -Kshipra District Indore for the offence punishable under Sections 420, 406, 407 and 120-B of IPC.
As per prosecution story, on 18.10.2021, the police has registered the case against the applicant and other co-accused perons on the complainant one Tapish Pandya Tehsildar Sanver, District Indore vide his letter dated 18.10.2021 under the aforesaid provisions. As per the said letter, an investigation team was constituted for the purpose of the enquiry of the work during the period of 2018-19, 2019-20 and 2020-21 completed by the village panchayat. The allegation against the applicant is that during his tenure as Sarpanch of the village Purvadhapa, alongwith the Village Secretary, has committed fraud and misappropriated the fund of the Government under the different heads of the different schemes while completing the construction works in the village panchayat. It is further alleged that the applicant has paid more wages to the laborers under the different head then the actual amount of wages and the payment has been made without preparing any muster, entry and without GST number. Hence, the police has registered the case against the applicant.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that as per the provisions of M.P. Panchayat (Inspection of Proceeding) Rules, 1995, after completing the inspection, the Tehsildar was required to submit a report to the officer or authority directing the inspection. No notice has been issued to the applicant and the FIR was registered directly on the instigation of the Tehsildar which is clear violation of the aforesaid provisions. The prosecution has neither given any notice nor any opportunity of hearing to the application and directly without going through the record of the village panchayat, registered the case against the applicant who is an elected Sarpanch of the village by alleging misappropriation of Government funds. It is further submitted that the payment has been made after verification of Janpad Panchayat and after the sanction by Jila Panchayat and the applicant has no role in this regard. The total amount has been paid in the accounts of the laborers and other persons were entitled for the payment. The allegations are baseless and the FIR has been lodged only due to political influence against the applicant. It is further submitted that in the annual audit report, for the period concerned, no irregularity or misappropriation was found by the Auditor. Hence, the allegations are baseless and the applicant may be enlarged on anticipatory bail.
Counsel for the applicant further placed reliance on the judgments of Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and Another passed in SLP (Cri.) No.5191/2021 Arnesh Kumar vs. State of Bihar and Another reported in (2014) 8 SCC 273 whereby the apex Court has issued certain directions with regard to grant of benefit of bail to the accused persons.
Counsel for the applicant further placed reliance on Smt. Rekha Goyal vs. The State of M.P. Passed in MCRC No.42165/2021 dated 05.01.2021 and Jitendra Jian vs. The State of M.P. Passed in MCRC No.23512/2021 dated 21.06.2019 passed by this Court by submitting that the applicants wherein have granted anticipatory bail by this Court.
Per contra, learned Panel Lawyer has opposed the application and prayed for its rejection on the ground that serious allegations of of misappropriation of Govt. funds have been level against the applicant during the period of 2018-19, 2019-20 and 2020-21.
Looking to the facts and circumstances of the case and on a perusal of the material available on record including the case diary and also considering the law laid down by the apex Court in the case of Satender Kumar Antil (supra), without expressing any opinion on the merits of the matter, this application is allowed.
Accordingly, in the event of arrest, the applicant be released on anticipatory bail on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) alongwith one surety in the like amount to the satisfaction of arresting officer for his appearance before the Investigating Officer on 30.12.2021 as and when directed during the course of investigation. If the applicant shall not mark his presence before the concerned I.O/Authority and not co-operate with the further investigation, the order of this Court stand cancel without further reference to this Court. Conditions of Section 438(2) Cr.P.C. shall also apply on the applicant during currency of bail alongwith the following conditions:
(I) That, the applicant shall abide by all the conditions enumerated;
(II) The applicant shall mark his presence before the I.O/Authority during the course of investigation; (III) The applicant will co-operate in the investigation or trial, as the case may be; (IV) The applicant will not influence, induce or threat any of the witness;
(V) The applicant will not seek unnecessary adjournment before the trial Court; (VI) In case of breach of any of the conditions mentioned in this order, the bail order shall stand cancelled automatically without further reference to this court.
The application stands disposed of.
Cc as per rules.
(Rajendra Kumar (Verma)) Judge amitDigitally signed by AMIT KUMAR DN: c=IN, o=HIGH COURT OF MADHYA AMIT PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=18db6b55824fa1834dc7e61d 06ed3c79a81bc156ec0309c5245d47a0 KUMAR a52604de, pseudonym=713D9BD68EDDADCD6B 88DA2B1BCDCFC0369478F5, serialNumber=62B9B1A094FCDF2F010 7E91326BC51DC9DCF83F25C9D67245 FE3BCCFD0F2DB67, cn=AMIT KUMAR Date: 2021.12.23 16:01:14 +05'30'