Madhya Pradesh High Court
B.L. Jatav vs The State Of Madhya Pradesh on 29 June, 2018
1
THE HIGH COURT OF MADHYA PRADESH
MCRC-20844-2018
(B.L.Jatav vs The State of Madhya Pradesh )
JABALPUR
DATED : 29.06.2018
Shri Manish Datt, learned senior counsel with Shri
Ankit Saxena, learned counsel for the applicant.
Shri Yogesh Dhande, learned Government Advocate
for the non-applicant/State.
Shri Sanjeev Kumar Singh, learned counsel for the
objector.
This is first application under Section 439 of Cr.P.C.
for grant of bail as the applicant is in custody since
20.05.2018in connection with Crime No.117/2018 registered at Police Station Khamariya District Jabalpur for the offence punishable under Section 409 of IPC.
In the present case, the allegation against the present applicant is that while posted at Seoni in the capacity of Farm Manager he has defalcated an amount to the tune of Rs.18,45,763/- in respect of certain expenses which have been made by the applicant beyond his capacity and without any prior permission.
Shri Manish Datt, learned senior counsel has submitted that the applicant has been falsely implicated and it is a counter blast of Writ Petition No.9990/2017 which was filed by the petitioner against his transfer order and as the order of this Court dated 18.07.2017 was not complied with, a contempt petition was filed on 18.08.2017 in which notices 2 have been issued and the transfer order has again been stayed by this Court and subsequently an application has also been filed by the applicant before the Lokayukta against the Managing Director of the M.P. Beej Avam Farm Vikas Nigam alleging misappropriation of Rs.18.68 crores. The learned senior counsel has submitted that because of these proceedings and the complaint made by the applicant, the applicant has been falsely implicated in respect of his act which is alleged to have been committed in the year 2004 to 2006 and thus the applicant who is in jail since 20.05.2018 be released on bail.
Learned Government Advocate for the State has opposed the bail application and has submitted that a clear case of defalcation has been made out and the audit report which was obtained in the year 2018 also indicates that the applicant was involved in the case of defalcation and as such he is not entitled for bail.
Learned counsel for the objector has also opposed the bail application on the same grounds.
After hearing learned counsel for the parties and having gone through the case diary, without commenting on the merits of the case, the applicant B.L.Jatav is directed to be released on bail subject to deposit of 50% of the alleged defalcation and on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of concerned 3 C.J.M./Trial Court. The said amount shall be deposited in the following manner :-
(i) Rs.1,00,000/- (Rupees one lakh) to be deposited before his release;
(ii) the remaining amount within a period of two months from the date of his release before the C.J.M., Jabalpur.
It is made clear that if the amount as directed by this Court is not deposited by the applicant within the stipulated period then this order shall stand cancelled automatically.
It is observed that the amount so deposited by the applicant shall be subject to the final order passed by the Trial Court and the deposit of such amount shall not be taken as an admission by the Trial Court without observing on the merits of the case.
It is further observed that if the applicant is found guilty, any further amount of defalcation may be recovered from the amount which is lying in credit with the Government account in respect of service rendered by the applicant.
Accordingly the application stands allowed to the extent as indicated herein above.
C.c. as per rules.
(Subodh Abhyankar) Judge DV Digitally signed by DINESH VERMA Date: 2018.06.30 12:44:06 +05'30'