Madhya Pradesh High Court
Shyam Rao Shinde vs The State Of Madhya Pradesh on 15 September, 2023
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 15 th OF SEPTEMBER, 2023
MISC. CRIMINAL CASE No. 40365 of 2023
BETWEEN:-
SHYAM RAO SHINDE S/O SHRI MUKUND RAO SHINDE,
AGED ABOUT 45 YEARS, JADHAV COLONY JAIL ROAD
VIRASAT MARRIAGE HALL KE PICHHE, BAHODAPUR,
(MADHYA PRADESH)
.....APPLICANT
(SHRI VIKAS SAMADHIYA, LEARNED COUNSEL)
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH P.S. MURAR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI VPS TOMAR, LEARNED PL),
This application coming on for HEARING this day, th e court passed
the following:
ORDER
This SECOND bail application has been filed by applicant under section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.967/2022 registered at Police Station Morar, District Gwalior (M.P.), for an offence punishable under section 420, 467, 468, 471 and 120B of IPC. His first application M.Cr.C.No.28004 of 2023 was dismissed as withdrawn vide order dated 3rd July, 2023.
As per the case of prosecution, Dr. Abhinav Sharma submitted a written complaint at PS Morar Distt. Gwalior that applicant/accused Shyam Rao Signature Not Verified Shinde was working as cashier at Kalyan Test Tube Baby Centre. The applicant Signed by: RAM KUMAR SHARMA Signing time: 15/09/2023 5:32:22 PM 2 has committed forgery through one software in the account of Centre and misappropriated the amount paid by various customers to the tune of Rs.90 lacs approximately. On such allegations, FIR was registered at Crime No.967 of 2022 for an offence punishable under section 420, 467, 468, 471 and 120B of IPC against the applicant. Statement of witnesses have been recorded. The details of bank accounts of the applicant to trace the money trail has also been seized. Hard Disc of computer alleged to be misused for misappropriation of money was seized and sent for forensic examination. The report has been received. No trace of alleged `mark' software was found in the hardware. Applicant was arrested on 08.06.2023 and he is in custody ever since. The charge-sheet has been filed on 05.09.2023.
Learned counsel for the applicant in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in the matter. There is dispute between owner of the Kalyan Test Tube Baby Centre and the applicant with regard to payment of money. The applicant is resident of Bahodapur Distt. Gwalior. He has a family to look after. There is no likelihood of his absconding leaving his wife, two children and mother to suffer. The case relates to documentary evidence therefore, there is no likelihood of tampering with the evidence No criminal antecedent is reported against the applicant. Jail incarceration is causing great hardship to the applicant and his family. On these grounds, learned counsel requests that the applicant may be extended the benefit of bail.
Per contra, learned counsel for the State opposes the application on the ground that the applicant has misappropriated huge sum of money in the matter and looking to the gravity of alleged offence, the applicant may not be extended Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 15/09/2023 5:32:22 PM 3 the benefit of bail.
Heard learned learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case, but without commencing on merits of the case, this Court inclined to grant bail to the applicant. Thus, the application is allowed.
Accordingly, it is directed that the applicant Shyam Rao Shinde shall be released on bail in connection with Crime No.967/2022 registered at Police Station Morar, District Gwalior (M.P.), for an offence punishable under section 420, 467, 468, 471 and 120B of IPC, upon furnishing a personal bond in the sum o f Rs.5,00,000/- (Rs. Five lacs Only) with two solvent sureties of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :
1. The applicant shall remain present on every date of hearing as may be directed by the concerned Court;
2. The applicant shall not commit or get involved in any offence of similar nature;
3. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;
4. The applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness;
5. The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;
6 . The applicant shall not leave territorial boundaries of the State of M.P. without prior permission of the trial Court;Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 15/09/2023 5:32:22 PM 4
This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.
CC as per rules.
(SANJEEV S KALGAONKAR) JUDGE Rks Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 15/09/2023 5:32:22 PM