Madhya Pradesh High Court
Manish vs State Of M.P. on 16 March, 2021
Author: Rohit Arya
Bench: Rohit Arya
1
M.Cr.C. No.5862 of 2021
(Manish Vs. State of MP)
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.5862 of 2021
( Manish Vs. State of MP)
Indore, Dated:16/3/2021
Shri Arpit Singh, learned counsel for the applicant.
Shri Prateek Maheshwari, learned counsel for the objector.
Shri Prakash Karpeh, learned counsel for the
Respondent/State.
This is an application filed by the applicant under Section 438 Cr.P.C. for grant of anticipatory bail. The applicant is apprehending his arrest for an offence punishable under Section 420, 408 and 120-B IPC registered with Police Station Choti Gawaltoli, District Indore in Crime No.108/2020.
As per prosecution story a complaint dated 22.7.2020 was filed by the complainant Megha Garg, Director of a company known as Zivaya Wellness. The company is engaged in a business of wellness centre.
It is alleged that the present applicant while serving as Accountant of the company misused his position and illegally transferred huge amount in the account of other co-accused persons causing substantial financial loss to the company. Accordingly, case has been registered.
Learned counsel for the applicant submits that this Court 2 M.Cr.C. No.5862 of 2021 (Manish Vs. State of MP) has been pleased to protect number of co-accused against arrest vide MCRC.Nos.35410/2020 (Vaishnavi Chadokar Vs. State of M.P.) and MCRC.No.27759/2020 (Smt. Pinky Vs. State of M.P.), who have been beneficiaries in the alleged transaction.
Applicant seeks parity on the same terms and conditions. It is also submitted that investigation is complete challan has been filed and he is not required for custodial interrogation.
During the course of argument, learned counsel for the applicant submits that the applicant is prepared to pay an amount of Rs.15,23,700/- (Rupees Fifteen Lakhs Twenty three thousand and seven hundred only) as a pre-condition for protection against arrest; however, amount so deposited may not influence the pending case in any manner whatsoever to the prejudice of the applicant.
Shri Prateek Maheshwari, learned counsel for the complainant vehemently opposes the application with the submission that the applicant is very much party to such clandestine transfer of fund of company's account to series of beneficiaries including him and other co-accused persons. It is a case of fraud, misrepresentation and mistrust. Therefore, no case at all is made out to protect the applicant against arrest.
However, learned counsel for the complainant submits that 3 M.Cr.C. No.5862 of 2021 (Manish Vs. State of MP) in case the applicant deposits the aforesaid amount of Rs.15,23,700/- with the company, this Court may consider the application against the protection of arrest as has been done in other cases.
At this stage, learned counsel for the applicant on instructions submits that the applicant is willing to deposit an amount of Rs.50,000/- (Rs.Fifty Thousand only) in the office of Jila Bal Sanrakshan Samiti, Indore (Account No.911020007267684 Axis Bank IFSC code UTIB0000503) to be utilized for providing clothing, food and other essential amenities required for poor persons living in old age homes Vidhwa Ashrams and orphans living in orphanage physically challenged persons in the District and the same shall have no bearing on merits of the trial but for enlargement of the applicant on bail.
Upon hearing learned counsel for the parties but without commenting upon contentions so raised by the parties, regard being had to the fact that applicant is prepared to pay Rs.15,23,700/- to complainant/company as pre-condition and he is not required for further custodial interrogation as investigation is complete and challan has been filed, the applicant deserves to be protected against arrest.
4M.Cr.C. No.5862 of 2021
(Manish Vs. State of MP) Accordingly, the instant application is allowed and it is directed that in the event of arrest, applicant be released on bail on furnishing personal bond in the sum of Rs.5,00,000/- (Rs. Five Lakhs only) with one solvent surety of the same amount to the satisfaction of the Arresting Authority (Investigation Officer) with following further conditions :-
(i) the applicant shall deposit Rs.15,23,700/-
(Rupees Fifteen Lakhs Twenty Three
Thousand Seven Hundred Only) in the
account of the Zivaya Wellness Company, HDFC Bank Account No.50200028564744 [IFSC Code HDFC0000404], Vijay Nagar Branch and shall produce the receipt thereof before the Court below at the time of furnishing bail; The amount so deposited shall not influence the trial to prejudice of the applicant.
(ii) the applicant shall prepare a demand draft of an amount of Rs.50,000/- (Rs.Fifty Thousand only) in the office of Jila Bal Sanrakshan Samiti, Indore (Account No.911020007267684 Axis Bank IFSC code UTIB0000503) to be utilized for providing clothing, food and other essential amenities required for poor persons living in old age homes Vidhwa Ashrams and orphans living in orphanage physically challenged persons in the District in dire need of such amenities/facilities and the amount so 5 M.Cr.C. No.5862 of 2021 (Manish Vs. State of MP) deposited shall have no bearing or relevance on the pending trial to the prejudice of the applicant.
(ii)(a) the applicant shall submit the aforesaid original demand draft alongwith copy of the order passed today through his counsel before the Principal Registrar of this Bench, for keeping the same in his safe custody.
(ii)(b) The Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is in relation to the present case.
(ii)(c) as and when directed the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft to the concerned authority in that behalf.
(iii) the investigating officer shall take prompt action to arrest the applicant upon default of failure of compliance of the aforesaid condition of deposit of Rs. 50,000/-.
(iv) failure of compliance of this condition shall automatically lead to cancellation of anticipatory bail of the applicant without further reference to the Court.
(v) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time-to-time in the matter 6 M.Cr.C. No.5862 of 2021 (Manish Vs. State of MP) of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);
(vi) the applicant shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.;
(vii) violation of any of the conditions, State is free to apply for cancellation of bail.
(viii) the applicant shall mark his presence before the concerned Police Station second Saturday of each month between 10:00 AM to 12:00 noon.
Learned Panel Lawyer is directed to send an e-copy of this order to all the cornered including the concerned Station House Officer of the Police Station for information and necessary action.
E certified copy as per rules.
(ROHIT ARYA)
JUDGE
das Digitally signed
by REENA
PARTHO
SARKAR
Date: 2021.03.17
10:37:36 +05'30'