Madhya Pradesh High Court
Dr. Ramesh Kumar Choudhary vs The State Of Madhya Pradesh on 26 August, 2019
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 34757/2019
(Dr. Ramesh Kumar Choudhary Vs. State of M.P. )
1
Jabalpur, Dated : 26.08.2019
Shri Manish Datt, Sr. counsel with Shri Pawan Gujar, counsel
for the applicant.
Shri Rajesh Tiwari, G.A. for the respondent / State.
Heard with the aid of case diary.
This is first application filed under section 439 Cr.P.C. Applicant Dr. Ramesh Kumar Choudhary was arrested on 09.08.2019 in Crime No. 100/2015 registered at Police Station Dolariya, District Hoshangabad for the offence punishable under Sections 420, 188, 409 of IPC and Section 13(1), (d-4), 13(2) of the Prevention of Corruption Act, 1988.
As per prosecution story, Chief Medical Officer, Hoshangabad through Tukaram Yadav, accountant lodged a written complaint at police station Dolariya, Distt. Hoshangabad averring that applicant Ramesh Kumar Choudhary the then Block Medical Officer, P.H.C. Dolariya in connivance with co-accused Hemlata Pradhan the then Accountant, P.H.C. Dolariya during the year 2010-2014 showed that some vehicles had been hired for Government schemes, they paid their rent to some travel agencies and embezzled the amount and also caused loss to the Government to the tune of Rs.11,31,751/-.
Learned counsel for the applicant submits that applicant has not committed any offence and has falsely been implicated in the offence. It is further submitted that there is no evidence on record to show that applicant prepared any forged document or paid any amount to any traveling agency. The applicant is ready to deposit Rs.4,50,000/- from the alleged amount i.e. Rs.11,31,751/-. The applicant is in custody since 09.08.2019 and conclusion of the trial is likely to take long time, hence prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer submitted that applicant in connivance with other co-accused prepared forged document and caused loss to the Government, so he should not be released on bail.
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 34757/2019 (Dr. Ramesh Kumar Choudhary Vs. State of M.P. ) 2 Looking to the facts and circumstances of the case and the fact that applicant is ready to deposit Rs.4,50,000/- (Rs. Four Lakh Fifty Thousand only) under protest from the alleged amount i.e. Rs.11,31,751/-, the applicant is in custody since 09.08.2019, conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that applicant be released on bail subject to depositing a sum of Rs.4,50,000/- (Rs. Four Lakh Fifty Thousand only) in fixed deposit in any nationalized bank and on depositing receipt of that F.D. before the concerning Court and on furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court.
The amount so deposited by the applicant in fixed deposit, shall be subject to final outcome of the case.
C.C. on payment of usual charges.
(Rajeev Kumar Dubey) Judge sarathe Digitally signed by NAVEEN KUMAR SARATHE Date: 2019.08.27 11:12:38 +05'30'