Madhya Pradesh High Court
Satish vs The State Of Madhya Pradesh on 5 January, 2015
M.Cr.C. No. 17631/2014
5/01/2015
Shri Manish Datt, Senior Counsel with Shri Pawan
Gurjar, Advocate for the applicant.
Shri Anurag Sahu, Advocate for the Objector.
Smt. Pratibha Mishra, PL for the respondent/State.
Heard finally.
This is the first application filed by applicant under Section 439 of the Cr.P.C for grant of bail.
Applicant has been arrested on 15/10/2014 in connection with Crime No. 532/2014 registered at P.S. Omti Jabalpur, District Jabalpur for the offence punishable under sections 420, 467, 468, 471, 120-B of IPC.
As per prosecution it is alleged against this applicant that he fraudulently induced complainant to give Rs. 9 lacs under the pretext that son of complainant would be employed on the post of constable. It is further alleged that applicant has supplied a forged order of appointment said to have been issued by Additional DGP, Bhopal.
Learned counsel for the applicant submits that applicant has been falsely implicated in the case. It is further submitted that as per prosecution itself three cheques have been issued by applicant in favour of complainant. It is submitted that there was a money transaction between the parties and when aforesaid cheques were bounced complainant has not prosecuted the applicant under section 138 of Negotiable Instruments Act. Nothing is required to be recovered from the possession of this applicant. Charge sheet has already been filed and trial would take considerable time to be disposed of finally therefore, he prays for grant of bail to the applicant.
Learned counsel for the Objector as well as State opposes the application.
On due consideration of the facts and contention raised on behalf of the parties, I am of the considered view that it is a fit case to release the applicant on bail. Therefore, without commenting on the merits of the case, this application is allowed and it is directed that applicant shall be released on bail on his furnishing a personal bond in a sum of Rs. 35,000/- (Rupees Thirty Five Thousand only) with one surety in the like amount to the satisfaction of committal Court/trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules.
(G.S. Solanki) Judge navin