Madhya Pradesh High Court
Hukum Sen vs The State Of Madhya Pradesh on 9 January, 2017
MCRC-19374-2016
(HUKUM SEN Vs THE STATE OF MADHYA PRADESH)
09-01-2017
Shri Sandeep Kumar Mishra, learned counsel for the applicant of
M.Cr.C. No.19374/2016.
Shri K.K. Kushwaha, learned counsel for the applicant of M.Cr.C.
No.18853/2016.
Shri Y.D. Yadav, learned Panel Lawyer for the respondent/State.
Both the M.Cr.Cs. have arisen out of one and the same crime number of the same police station. Therefore, they are heard together and being disposed of by this common order. Heard arguments.
Perused case diary and material on record.
Both the applicants have filed first time the applications under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.222/16 registered at Police Station Tejgarh of Damoh district against them and co-accused persons namely, Satish Jain @ Sonu Jain, Shailendra Shende, Narendra Lodhi and Sharad Khare for the offences punishable under Sections 420, 409 and 34 of the IPC. As per the prosecution, the specific allegations against the applicants are that at the material time, co-accused Shailendra Shende was posted as Branch Manager, Allahabad Bank Branch Imalia and co-accused Sharad Khare as Sub Engineer, Janpad Panchayat, Damoh. They having entered into criminal conspiracies with applicant Hukum Sen sanctioned loans in the names of beneficiaries namely, Mukesh Singh, Anjali Choubey and Dharmdas under the Chief Minister Self Employment Scheme. But the said beneficiaries did not get the loans and thus they have misappropriated the loan amounts sanctioned in their names. Further, the aforesaid duo having entered into criminal conspiracies with applicant Jagannath sanctioned loans in the names of beneficiaries namely, Neha Lodhi and Santosh Gaderia under the same scheme but they did not disburse the loan amounts to them and thus they misappropriated the loan amounts sanctioned in their names.
Learned counsel for the applicants submit that the applicants have been in custody since 07.10.2016 and that the charge-sheet had been filed against them and one co-accused Sonu Jain on 29.12.2016, declaring co-accused persons namely, Shailendra Shende, Narendra Lodhi and Sharad Khare absconding. They submit that the roles of both the applicants in the case are of brokers. They submit that the applicants are the permanent residents of Damoh district and that they have no criminal antecedents. Upon these submissions, they pray for grant of bail to the applicants.
Learned Panel Lawyer opposes the prayer.
On due consideration of the facts and circumstances of the case, the submissions raised on behalf of the parties by their counsel and the roles played by the applicants, but without expressing any opinion on merits of the case, I am of the view that it is a fit case for grant of bail to the applicants. Hence, their applications are allowed. It is ordered that each of the applicants namely, Hukum Sen and Jagannath Singh shall be released on bail upon their furnishing âeachâ a personal bond in the sum of Rs.50,000/- (Only Fifty Thousand Rupees) with one solvent surety of the same amount to the satisfaction of the court concerned for securing their presence on all such dates as may be fixed by it in the course of the trial of the case. They shall abide by the conditions enumerated in Section 437(3) of the Cr.P.C. In case of bail jump, the court concerned will have power to cancel the applicants' bail.
Certified copy as per rules.
(RAJENDRA MAHAJAN) JUDGE haider