Indian Kanoon - Search engine for Indian Law

Madhya Pradesh High Court

Mahendra Kumar vs The State Of Madhya Pradesh on 14 August, 2018

                                    1


                ANNEXURE-C
   High Court of Madhya Pradesh, Jabalpur
          Bench at Indore, Indore
      CONTINUATION ORDER SHEET

 Miscellaneous Criminal Case No.27528/2018
                 (Mahendra Kumar s/o Kanhaiyalal Rathore
                                 Versus
                      The State of Madhya Pradesh)

Indore, Dated 14.08.2018
    Shri Deepak Rawal, learned counsel for the
applicant.
     Smt. Archana Kher, learned Public Prosecutor for
the non-applicant / State of Madhya Pradesh.
     Heard. Perused the case diary.
     The applicant has filed this first application under
Section 438 of Criminal Procedure Code, 1973 for
grant of anticipatory bail, who is apprehending his ar­
rest in connection with Crime No.232/2018 registered
at Police Station MG Road, Indore District Indore
(MP) for offence punishable under Sections 416, ,
, , ,  and  of the Indian Penal Code,
1860.
     The applicant is working as Peon in the Central
Jail, Indore. By order dated 11.02.2013, he was posted
in the Receipt & Dispatch Section and was clearly giv­
en the work of distributing the government mail in
various departments.
     Learned counsel for the applicant has submitted
that as per relevant entries in the Dak Book, the appli­
cant has never brought any letter from any police sta­
                             2


tion and he has no knowledge about the alleged letters
received by the Receiving Clerk regarding reports of
the prisoners' release on parole with the seal and sig­
nature of the Police Stations, which were later found to
be forged. Only on the basis of report lodged by the
Jail Authority, a case has been registered at Police Sta­
tion MG Road, Indore and the present applicant has
been wrongly roped as an accused.
     It is further submitted that it is a case of false im­
plication and there is no legal evidence against the
present applicant regarding his involvement in the al­
leged offence; and prays for grant of anticipatory bail.
     On the other hand, Smt. Archana Kher, learned
Public Prosecutor for the non-applicant / State of
Madhya Pradesh has opposed the prayer, and submit­
ted that prior to registering the case, a preliminary en­
quiry was held by the Superintendent of Central Jail,
Indore; and prays for its rejection.
     Considering the material evidence available in the
case diary, so also the nature of allegation made
against the present applicant and other evidence which
has come in the case diary, I am inclined to allow the
application.
     Accordingly, without expressing any opinion on
merits of the case, Miscellaneous Criminal Case
No.27528/2018 is allowed. It is directed that in the
event of arrest, applicant Mahendra Kumar s/o
                                                  3


                  Kanhaiyalal Rathore shall be released by the
                  Arresting Officer, subject to furnishing a personal
                  bond in the sum of Rs.40,000/- (Rupees forty
                  thousand only) with one solvent surety in the like
                  amount to the satisfaction of the Arresting Officer,
                  subject to the following conditions: -
                       1.

The applicant shall cooperate with the investigation and shall appear before the police, as and when required.

2. The applicant shall appear before the Arresting Officer on the dates so fixed without showing any reasonable excuse.

3. It is further directed that the applicant shall abide all the conditions as enumerated in Section 438 (2) of the Code of Criminal Procedure, 1973.

This order shall be valid for a period of thirty days from today.

C. c. as per rules.

(P.K. Jaiswal) Judge Pithawe RC Digitally signed by Ramesh Chandra Pithwe Date: 2018.08.16 11:13:37 +05'30'